Marché de travaux - 440262-2015

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Cet avis a été annulé par:  76863-2016
15/12/2015    S242

Denmark-Fredericia: Sludge-processing equipment

2015/S 242-440262

Contract notice – utilities

Works

Directive 2004/17/EC

Section I: Contracting entity

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

Official name: DONG Energy Thermal Power A/S
Postal address: Kraftværkvej 53
Town: Fredericia
Postal code: 7000
Country: Denmark
For the attention of: Martin H. Grotrian
E-mail: mahgo@dongenergy.dk
Telephone: +45 99555941

Internet address(es):

General address of the contracting entity: http://www.dongenergy.com

Electronic access to information: https://goo.gl/d5q0jS

Electronic submission of tenders and requests to participate: https://goo.gl/d5q0jS

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: The above mentioned contact point(s)

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

I.2)Main activity
Production, transport and distribution of gas and heat
Electricity
I.3)Contract award on behalf of other contracting entities

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

Official name: Cure DONG Energy REnescience B.V
Postal address: Koninginnegracht 19
Town: The Hague
Postal code: 2514 AB
Country: Netherlands

Section II: Object of the contract

II.1)Description
II.1.1)Title attributed to the contract by the contracting entity:
RSC Cure NL Lot 4.
II.1.2)Type of contract and location of works, place of delivery or of performance
Works
Realisation, by whatever means of work, corresponding to the requirements specified by the contracting entities
Main site or location of works, place of delivery or of performance: Bedrijventerrein GDC Eindhoven- Acht (Woensel A 4462 en A4465).

NUTS code NL414 Zuidoost-Noord-Brabant

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):
Cure DONG Energy REnescience B.V. has decided to establish a plant for a complete handling of unsorted household waste (Municipal Solid Waste — MSW).
DONG Energy Thermal Power A/S will be responsible for the execution of the project on behalf of Cure DONG Energy REnescience B.V.
The project, RSC Cure NL will be based on DONG Energy's REnescience Technology, which is a technology for treatment of unsorted household waste. The purpose of the process is sorting and refining the waste for utilization in the production of bioliquid for biogas production, 2D material such as folios of e.g. plastics for the making of RDF and 3D materials such as bottles and cans for the purpose of re-cycling.
The plant will be established in Eindhoven, Holland, and will be designed with a capacity of 120 000 ton of household waste per year or 15 t/h.
This pre-qualification is specific to the REnescience Waste Water Treatment plant (WWT), referred to as LOT 4, which comprise following main processes:
4.1 Digestate aeration and sludge conditioning;
4.2 Digestate phase separation, reject holding tank and solid digestate storage;
4.3 Liquid digestate evaporation unit(s) and water and brine storage facilities.
The Processes 3.1 to 3.3 described above are to be connected to one functional unit, representing the system AD-plant.
Regarding 4.1) Digestate aeration and sludge conditioning.
The delivery comprise all electromechanical equipment required for receiving, aerating and conditioning the liquefied digestate (liquid/solid slurry at this stage). The purpose of this process is to aerate and successively remove heavy metals from the digestate by means of e.g. dosage of polymer and flocculation chemicals. The delivery will consist of the unit operations aeration and sludge conditioning as well as delivery of equipment for storage and dosing of polymers and flocculation chemicals. The requirement of an aeration stage is however a decision to be made by a potential bidder in order to conform with the required performance demands.
Regarding 4.2). Digestate phase separation, reject holding tank and solid digestate storage.
The delivery comprise all electromechanical equipment required in order to achieve an efficient solid/liquid separation of the digestate and appropriate storage facilities for the solids and liquid. The solids are to be stored prior to removal from the plant. As for the liquid storage, the REnescience plant is to recycle the water into the REnescience core scope (Lot 2). Hence, a digestate buffer tank is to be included in the supply.
Regarding 4.3). Liquid digestate evaporation unit(s) and water and brine storage facilities.
From the digestate buffer tank, a fraction of the liquid is returned to lot 2 and the remaining digestate is led to the evaporation units. The delivery comprise all electro mechanical equipment required in order to achieve a controlled split between the 2 streams, and to secure an efficient evaporation in order to produce zero salinity water to be returned to lot 2. Furthermore, clean water and brine buffer tanks shall be included in the scope of a potential supplier.
Options.
Following items are expected to be tendered as an option:
— Service and maintenance contract.
General:
Potential suppliers shall expect an explicit requirement from DONG Energy in relation to the system robustness and high degree of availability. Further specific requirements in relation to guarantees for the functionality, the power consumption, and warrantee period relevant for this sort of equipment will apply. Specific demands for guarantees, bonds and warrantees will be specified in the Call for Tender Material.
Justification for tendering the contract as a single contract, can be substantiated by addressing the three criteria that should be taken into account when contracts are tendered as one tender in Netherlands (LOT 4 is only a part of the RSC Cure NL project, which is being tendered in several lots):
A) The composition of the relevant market and the influence of the combination of the contacts on the access to the contract for a sufficient number of (smaller and mid-sized) companies in that market:
— DONG Energy sets out no specific requirements to the financial capabilities of the applicant, whereas DONG Energy also urge SME's to apply for Pre-Qualification. It is allowed for smaller and mid-sized companies to form consortia, which will help them comply with the requirements to provide guarantees and bonds, as will be prescribed in the commercial conditions of the contract.
B) The organisational consequences and risks of the combination of the contracts for the contracting entity and the tenderers:
— Each of the mentioned processes, represent multiple cross-process related interfaces, relations, and exchange of signals — and they are all process steps in an integrated water treatment process. Managing and controlling these — it tendered as separate lots — would be possible, however the technical risk profile for the project execution would increase significantly, and the only way to mitigate this risk, is to set out high requirements to resource allocation within the DONG Energy organization;
— In the project execution phase, due to the technical complexity and the overlap of the various processes, systems and hardware, it would be extremely challenging coordinating the erection-, and commissioning phase.
C) The extent of connectedness of the contracts.
— The processes represent an interconnected integrated waste water treatment system, comprising various complex process-, mechanical-, electrical-, control- and monitoring interfaces, whereas the respective processes cannot be seen as a separate single standing systems and/or tanks.
— If — hypothetically — the above mentioned processes were tendered as separate packages, the requirements for the process and media control at each interface would be unrealistically high. Each interface would require a fixed definition on media data, process parameters, monitoring, etc. This would cause an immediate impact on the project complexity and CAPEX, as the potential suppliers either would decline applying for the PQ, or alternatively increase the price capitalized by the risk, which potentially could compromise the project business case.
Basically, tendering Lot 4 as one integrated system, is based on the fact that the scope is considered as ‘1 process system’, which is available on the market, where interfaces between sub-systems are crucial. It is important for the Contracting Entity to have clear system and process responsibility both in terms of responsibility of functionality during the contract and in terms of time during the construction phase. This can be ensured with a single contractor. Further, the innovative nature of the entire facility supports that the contract can be tendered as a single contract. The Contracting entity consider the scope of the contract as being a single contract from a process, market and risk perspective.
II.1.6)Common procurement vocabulary (CPV)

42996900 Sludge-processing equipment, 42996600 Oxygenation equipment, 45252127 Wastewater treatment plant construction work, 42996700 Precipitators, 42996800 Sedimentation beds

II.1.7)Information about Government Procurement Agreement (GPA)
The contract is covered by the Government Procurement Agreement (GPA): no
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:
II.2.2)Information about options
Options: yes
Description of these options: Following items are expected to be tendered as an option:
— Service and maintenance contract.
II.2.3)Information about renewals
This contract is subject to renewal: no
II.3)Duration of the contract or time limit for completion
Starting 15.9.2016 Completion 15.3.2018

Section III: Legal, economic, financial and technical information

III.1)Conditions relating to the contract
III.1.1)Deposits and guarantees required:
Conditions relating to the Contract will be stated in the Tender Documents, however, please note that the Contracting Entity reserves the right to demand one or more of the following securities:
a) An on demand performance bond which value is a percentage of the total contract price issued by an acceptable entity by the Contracting Entity (e.g. bank or insurance company);
b) An on demand advanced payment bond. The advance payment bond shall cover the actual advance payment (if any) to be made by the Contracting Entity to the supplier. The advance payment bond must be issued by a bank or insurance company with a minimum rating of BBB+ / Baa1 (S&P / Moody's). If split-rating the lowest shall apply. In case of a provider of the on demand advance payment bond is downgraded below the minimum rating, the Contracting Entity reserves the right to have the provider of such bond replaced by a bank or insurance provider fulfilling the above rating;
c) A performance guarantee provided by a parent within the group (‘Parent Company Guarantee’).
Pls. note that the specific terms and conditions of the Parent Company Guarantee, will be discussed during the tender procedure; however, the choice of law will be the same as the contract and is not negotiable.
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
Will follow in Tender Conditions.
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
If several companies submit an offer in a consortium the tender must be submitted jointly by the companies who must assume joint and several liability for the tender submission and during the performance of the contracts. 1 of the consortium members must have full procuration to the contracting entity.
III.1.4)Other particular conditions:
The performance of the contract is subject to particular conditions: yes
Description of particular conditions: The Contract is conditioned upon obtaining a positive FID in August 2016.
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: The Candidate shall submit the following information:
A.0) Company name, Address, mail, name and web-page;
A.1) Contact persons name, mail and phone-number;
A.2) Registration (CVR no or VAT no);
A.3) Ownership — The applicant shall submit a description of ownership and corporate structure. If the applicant is a subsidiary, the applicant shall submit the name of the highest possible group parent — being an entity directly or indirectly controlling more than 50 % of the applicant. (Will be used to secure the annual account is from the Candidate)
A.4) Pursuant to Article 54 of Directive 2004/17/EC, subsection 4, the applicant shall prove his eligibility by submitting the self-declaration form, in which the exclusion grounds are stated. The self-declaration form is uploaded in Scanmarket.
The Candidate shall insert the information in the self-declaration form which is available in Scanmarket see section I.1).
III.2.2)Economic and financial ability
Information and formalities necessary for evaluating if the requirements are met: B.1. The applicant shall submit annual accounts (incl. the accountant's opinion) for the previous 2 years, if possible. The latest annual accounts containing the previous year will also be accepted. If the applicant is a newly established entity and therefore cannot provide 2 years of annual accounts the applicant will have to submit its latest annual accounts or opening balance.
B.2) If the applicant relies on the economic and financial capacity of another economic operator, the applicant must submit documentation and information of the other economic operator and still the applicant must submit the same information as mentioned under B.1 if the applicant relies on the capacity of another economic operator. Furthermore, the applicant must prove that the applicant has at its disposal the necessary resources, by providing documentation that the applicant can rely on the capacities of the other economic operators in this respect. In such case, the annual accounts of the other legal entity for the previous two years should be submitted.
If the other legal entity is a parent company to the applicant it is possible to submit consolidated accounts for the parent company instead of annual accounts for both entities.
If the applicant is part of a profit sharing agreement with another legal entity, cf. for example the German Ergebnisabführungsvertrag or the Dutch Civil Code article 2:403 (a ‘403 statement’ which is a declaration from a parent company, stating that the parent is liable for the obligations of its subsidiary) or equivalent legal arrangements, the evaluation of the applicants' financial standing will be based on the financial information from the financial strongest entity participating in the arrangement. If the applicant is part of a profit sharing agreement the annual accounts of the other legal entity for the previous two years should be submitted. The applicant is encouraged to explicitly mention the profit sharing arrangement in its application. If a consortium applies for pre-qualification, the information above shall be submitted for each member of the consortium
Minimum requirements (exclusion grounds):
— missing annual accounts for the latest 2 years as mentioned in B.1 and B.2;
— Turnover must be 3 mio. Euro in the latest fiscal year for the applicant or the consortium.
Applicants must be aware that DONG Energy has the right to require Tenderer's with a total equity less than the Total Contract Sum to have either a Parent Company or other entity such as a bank or insurance company to issue a bond or guarantee corresponding to the Total Contract Sum.
III.2.3)Technical capacity
Information and formalities necessary for evaluating if the requirements are met: To document his technical capacity the Candidate shall submit:
C1) The applicant shall submit a complete description of the applicant's Quality, Health, Safety and Environmental management systems including whether the Quality, Health, Safety and Environmental management system is certified according to eg. ISO9001, OHSAS18001 and ISO14001.
If the applicant is certified according to ISO9001, OHSAS18001 and ISO14001 a copy of the certificate will be considered a complete description. If the applicant is not certified, the applicant shall submit overall description of its own developed QHSE management system with cross-references to standards (max 3 pages excl. enclosure and cross reference. If the summery is more than 3 pages — only the 3 first will be read front-page excluded).
The description (enclosure) for OHSE-System shall include a description of the following (numbers stated below reflect OHSAS18001 and ISO14001 section numbers):
4.1. General requirements;
4.2. OHS and E policy;
4.3 Planning.
Focus on:
4.3.1. Hazard identification, risk assessment and determining controls;
4.3.2 Legal and other requirements;
4.4 Implementation and operation.
Focus on:
4.4.1. Resources, roles, responsibility, accountability and authority;
4.4.2. Competence, training and awareness;
4.4.3. Communication;
4.4.5 Document and data control;
4.4.6 Operational control;
4.5 Checking.
Focus on:
4.5.4 Control of records;
4.5.5. Internal audit (Submit latest internal audit report);
4.6 Management review (Submit latest management review report).
The description (enclosure) for Q-System shall include a description of the following (numbers stated below reflect ISO9001 section numbers):
4.1 General requirements;
4.2 Documentation Requirements.
Focus on:
4.2.3 Control of documents;
4.2.4 Control of records;
5.1 Management commitment;
5.3 Quality policy;
5.6 Management review.
Focus on:
5.6.1 General;
6 Resource management.
Focus on:
6.2.2 Competence, training and awareness;
7 Product realization.
Focus on:
7.1 Planning of product realization;
7.2.1 Determination of requirements related to the product;
7.2.2 Review of requirements related to the product;
7.3 Design and development;
8 Measurement, analysis and improvement.
Focus on:
8.2.2 Internal audit;
8.3 Control of nonconforming product;
8.5.1 Continual improvement.
The documentation can be send either in English or Danish.
References.
D.1). A reference list including specified similar works that the Candidate has executed from 1.1.2011-27.12.2015. The list of references should include the following relevant information:
— Title of the project;
— Customer and contact information;
— period of execution;
— contract value;
— description of the project incl. relevance to this project.
In addition information regarding the scope of supply and contractors or sub-contractors role in the project should be listed. The list should include up to 6 references.
Information from all relevant parties (if relevant) D2 If the applicant relies on the technical/professional capacity of another economic operator, the applicant must submit documentation and information of the other economic operator and still the applicant must submit the same information as mentioned under D.1. Furthermore, the applicant must prove that the applicant has at its disposal the necessary resources, by providing documentation that the applicant can rely on the capacities of the other economic operators in this respect.
If a consortium submits a request for participation, information must be submitted for each member of the consortium to the extent this is relevant taking into account the consortium members' expected responsibilities in the delivery of the works.
Minimum requirements (Exclusion grounds):
— No Description of QHSE management system or no certificates at all;
— No References send at all.
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
Negotiated
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:
RSC Cure NL Lot 4.
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
11.1.2016 - 10:00
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:
The Contract will be awarded to the Tenderer that has submitted the most economically advantageous tender based on the criteria set out in the Tender Documents. The negotiated procedure will be used according to Directive 2004/17/EC of the European Parliament and of the Council of 31.3.2004 (‘the utility directive’).
Please note that only pre-qualified applicants can submit a tender. It is not possible to submit a tender from for example a sister company or another company within the prequalified applicant's group.
Maximum 6 applicants will be pre-qualified for the tender procedure.
If the number of applicants applying for pre-qualification exceeds 6, the Contracting Entity will perform the pre-qualification based on an evaluation of each applicant's respective (prioritized order):
1. technical ability — Reference ( 60 %);
2. economic and financial standing (20 %);
3. technical ability — Quality management systems (10 %);
4. technical ability — Health and safety management systems (5 %);
5. technical ability — Environmental management systems (5 %).
The 6 best applicants will be pre-qualified.
Ad 1) Evaluation of references will be based on experience with complete delivery of robust and reliable high performance Waste Water Treatment plants. Experience with digestate water from waste facilities is valued as is experience with evaporation of saline waste water into zero saline water and brine. The more relevant the reference to the current project, regarding complexity, size and local conditions, the better evaluation.
Ad 2) The assessment regarding the applicant's economic and financial standing will be based on an overall assessment based upon the latest 2 years account regarding Capital, ability to generate profit, ability to generate cash based on the following criteria:
— Equity;
— Solvency ratio;
— EBIT margin;
— Liquidity ratio;
— Cash flow from operation or Z-score.
The assessment will be based on the information entailed in the documentation requested under section III.2.1) – III.2.2).
The Contracting Entity draws the applicants' attention to section III.2.1-III.2.2 financial and economic capacity stating the minimum requirements for participation. The better financial and economic standing the better evaluation.
Thus, the applicants can improve its economic and financial capacity in order to fulfil the minimum requirements in section III.2.2), and to being better positioned for the short-listing of applicants.
The assessment regarding the applicant's technical ability will be based on the following criteria (in prioritized order) Ad 3, 4 and 5).
It will be considered positive, the better the applicant have specified and implemented QHSE management systems for own and sub-supplier processes and deliverables.
It will be considered very positive if the applicant is certified according to ISO9001 or equivalent, OHSAS18001 or equivalent and ISO14001 or equivalent — or if the applicant has its own system being compliant with the above standards.
If the applicant relies on the technical capacity or resources of other entities, documentation regarding the technical capacity or resources shall be submitted for such entities. The applicant must prove that the applicant has at its disposal the necessary resources, for instance by providing documentation that the Applicant can rely on the capacities of the other economic operators in this respect.
DONG Energy reserves the right — subject to the principles of equal treatment and transparency — to request an applicant to submit missing or insufficient information according to section III.2.1-III.2.4 or, if applicable, to use information already in the Contracting entity's possession; or obtain such information provided it is publicly available. However, the contracting entity is not obliged to do so.
If the Contract is awarded to a consortium, the members of the consortium shall accept joint and several liability and appoint a common authorised representative.
Please be advised that all communication regarding this tender procedure will be in English.
Expected time for Tenderings phase is from the end February/beginning of March to mid or end of April 2016.
Repetition of similar works.
The contracting entity might use the procedure described in the utilities directive article 40 (3), litra g which prescribe that new works consisting in the repetition of similar works assigned to the contractor to which the contracting entities awarded an earlier contract can be awarded without a call for competition. Such procedures might be used up to 2 times should the contracting entity decide to establish 1 or 2 more plants for complete handling of unsorted household waste in EU.
The contract is expected to contain provisions regarding assignment of the rights and obligations of the contracting entity to entities within the DONG Energy group including a right to assign the contract to DONG Energy Thermal Power A/S.
VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures

Official name: District Court of Amsterdam
Postal address: PO Box 84500
Town: Amsterdam
Postal code: 1080 BN
Country: Netherlands
Telephone: +31 205412111
Internet address: https://www.rechtspraak.nl/Organisatie-en-contact/Organisatie/Rechtbanken/

VI.4.2)Lodging of appeals
VI.4.3)Service from which information about the lodging of appeals may be obtained
VI.5)Date of dispatch of this notice:
10.12.2015