Roboty budowlane - 449784-2018

Unrevised Machine Translation

16/10/2018    S199

Poland-Opole: Ring road construction work

2018/S 199-449784

Contract notice

Works

Legal Basis:

Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses
Generalna Dyrekcja Dróg Krajowych i Autostrad, Prowadzący postępowanie: Generalna Dyrekcja Dróg Krajowych i Autostrad Oddział w Opolu
Niedziałkowskiego 6
Opole
45-085
Poland
Contact person: Iwona Kupiec
Telephone: +48 774545505
E-mail: przetargi_opole@gddkia.gov.pl
Fax: +48 774544468
NUTS code: PL52

Internet address(es):

Main address: www.gddkia.gov.pl

I.2)Information about joint procurement
I.3)Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at: www.gddkia.gov.pl
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be submitted to the abovementioned address
I.4)Type of the contracting authority
Ministry or any other national or federal authority, including their regional or local subdivisions
I.5)Main activity
Other activity: Zarządzanie drogami krajowymi

Section II: Object

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

Design and construction of the Olesna bypass on the national road No 11 (S11)’

Reference number: O.Op.D-3.2410.2.2018
II.1.2)Main CPV code
45233122
II.1.3)Type of contract
Works
II.1.4)Short description:

The contract concerns: Design and construction of the Olesna by-pass within national road No 11 (including the parameters of express road) from km 0 + 000,00 to km 24 + 840. The length of the by-pass — about 24.8 km, and the “national road link” — about 0.4 km.

II.1.5)Estimated total value
II.1.6)Information about lots
This contract is divided into lots: no
II.2)Description
II.2.1)Title:
II.2.2)Additional CPV code(s)
45000000
45220000
45233125
45221121
45230000
45316000
45232454
71000000
71320000
71330000
71351910
71351914
71354000
71313450
45221111
II.2.3)Place of performance
NUTS code: PL52
Main site or place of performance:

Poland, Opolskie Province

II.2.4)Description of the procurement:

The contract covers design work and works:

— the construction of a bypass (including the parameters of expressway) and including sections in the standard of national road on bituminous pavements from the SMMA, the interchange, the roundabout junction, the reconstruction of the existing roads into the collision with the Olesna bypass, the construction of roads other than the expressway, including the change of the existing roads, road construction serving the areas adjacent to the investment and the restoration of the road links, engineering structures, culverts, footpaths, paths, paths, cycle drainage systems (including the drainage of the road body, the drainage network and the drainage system, the modification of existing watercourses),

— environmental protection installations (acoustic safeguards, wildlife crossings, ecological culverts and fencing to guiding principles), water equipment, infrastructure related and not connected with the road,

— Infrastructure for the provision of objects by way of express road (Olesna bypass) located over the Olesna bypass (expressway) of which: power networks for power and lighting, rainwater drainage and drainage equipment and other, telecommunications networks used by the Awarding Authority,

Upgrading the conflicting facilities and networks of existing infrastructures in and above elevated,

— road fences, demolition works, demolition of buildings and constructions, planting of trees, planting of vegetation, road safety equipment, designation and reopening of road lanes, road illumination, etc.

II.2.5)Award criteria
Criteria below
Quality criterion - Name: Właściwości przeciwpoślizgowe nawierzchni / Weighting: 9 pkt
Quality criterion - Name: Równość podłużna nawierzchni / Weighting: 8 pkt
Quality criterion - Name: Personel Wykonawcy / Weighting: 6 pkt
Quality criterion - Name: Termin realizacji Kontraktu / Weighting: 12 pkt
Quality criterion - Name: Zagospodarowanie gruntu rodzimego / Weighting: 5 pkt
Price - Weighting: 60 pkt
II.2.6)Estimated value
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 39
This contract is subject to renewal: no
II.2.10)Information about variants
Variants will be accepted: no
II.2.11)Information about options
Options: no
II.2.12)Information about electronic catalogues
II.2.13)Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: yes
Identification of the project:

The contract may be awarded for part-financing from the European Union and from the resources of the General Director for National Roads and Motorways.

II.2.14)Additional information

1. The contractor must lodge a security of PLN 5 000 000,00

2. The contractor must pay the contract for performance of the contract for an amount equal to 10 % of the gross price referred to in the tender.

3. The contracting authority allows the possibility to grant a advance payment of 5-10 % of the gross contract value and then ask to secure the advance.

Section III: Legal, economic, financial and technical information

III.1)Conditions for participation
III.1.1)Suitability to pursue the professional activity, including requirements relating to enrolment on professional or trade registers
List and brief description of conditions:

N.a.

III.1.2)Economic and financial standing
List and brief description of selection criteria:

1. The economic operator must show the average annual revenue specified below for the last 3 financial years and, if the period of operation is less, for that period (based on the ‘Statement of profit or loss’, the item ‘Net revenue from sales of products, goods and materials’ or ‘Net sales and sales taken from sales’).

2. The economic operator must prove financial or credit capacity in the amount specified below.

3. At the request of the contracting authority to confirm that the Contractor satisfies the conditions for participation in the proceedings, the Contractor shall make the following declarations or documents:

for ‘revenue’:

Part of the financial statement: the profit and loss account and, if the financial statements are audited by the auditor in accordance with the rules on accounting, also the opinion on the part of the statement (s) on the income statement and, for the last 3 financial years, for the last financial years, for the last financial years, and for that period, if the contractors are not required to prepare the financial statements.

b) for holdings in the form of ‘funds or creditworthiness’, information on the bank or cooperative, as well as of the financial or credit standing of the Contractor, during a period no earlier than 1 month before the deadline for submission of tenders.

4. If, for due cause, the Contractor is not in a position to submit the documents requested by the contracting authority as specified above, the Contracting Entity shall permit other documents referred to in Article 26 to be submitted by the Contractor. Statutory provisions of Article 2c of the Public Procurement Act.

Minimum level(s) of standards possibly required:

1. Average annual income for the last 3 financial years and, if the period of activity is shorter, for that period of not less than: PLN 204 000 000,00

2. Having funding or credit standing at a level not less than: PLN 55 000 000,00

3. The values quoted in the documents in currencies other than those indicated by the contracting authority must be converted into:

For ‘income’ at the average NBP rate on the day of the end of the financial year,

— for holdings of funds/capacity at the average NBP rate on the day on which the document was issued.

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

1. Tenders may be submitted by contractors who meet conditions relating to technical and/or professional ability to award:

(1) Contractor:

The Contractor must demonstrate the following knowledge and experience as specified below during the period of the last 7 years before the deadline for submission of tenders and if the period of operation is shorter during that period, tasks consisting of the construction or reconstruction of roads or streets and of bridge structures — with the parameters specified below.

2) Individuals:

The contractor must identify the persons who will be involved in the performance of the contract, who shall have professional qualifications and experience appropriate to the functions that will be assigned to them.

For each function listed below, the contractor will indicate the key personnel which must be available during the contract implementation stage meeting the requirements specified below.

2. At the request of the contracting authority to confirm that the Contractor satisfies the conditions for participation in the proceedings, the Contractor shall make the following declarations or documents:

(a) a list of construction works carried out not earlier than 7 years before the deadline for submission of tenders and, if the duration of the activity is shorter, during that period, together with an indication of their nature, value, date, place of performance and the entities on whose behalf the works were carried out, with due account, in particular, of whether the works have been carried out in accordance with the provisions of the construction law and duly completed, with the proof of reference or other documents issued by the undertaking for which the works were carried out and where the economic operator is not able, for a justified reason of an objective nature, to obtain those documents;

a list of the persons intended by the contractor to perform a contract, in particular for service provision, quality control or management of the works, together with information on their professional qualifications, the rights, experience and training necessary for the performance of the contract, as well as the extent of the services they perform, as well as information on the basis on which they are based.

Minimum level(s) of standards possibly required:

1. Of the operator:

The contractor must demonstrate knowledge and experience in implementation (completion) in the past 7 years before the final date for receipt of tenders/requests to participate and, if the duration of the activity is shorter, during that period, at least:

1) 1 tasks involving the construction or reconstruction of roads or streets of road class or street box, including dual carriageways with a value of work of at least PLN 200 000 000 net,

2) 1 bridge structure to load Class A load, and length of the total object not less than 50 m measured between the at-extremes of the installation at the end of the installation,

(3) 1 bridge structure to load for Class A and the theoretical range of a bay of at least 50 m.

2. Persons:

The contractor must identify the persons who will be involved in the performance of the contract, who shall have professional qualifications and experience appropriate to the functions that will be assigned to them.

For each function listed below, the contractor will indicate the key personnel which must be available during the contract implementation stage meeting the following requirements:

1) Director of the Contract — Contractor’s representative — 1.

Career breakdown:

(A)

1. At least 24 months during implementation of 1 or 2 tasks covering the construction, reconstruction or renovation, or supervision of the construction, alteration, or renovation of the building site, as defined by the following definition and with a book value of at least PLN 200 000 000 net each of the posts/posts listed in the SIWZ.

2. Minimum of 5 years of professional experience in the terms of reference

Either

(B)

1. At least 60 months’ experience in the management of the investor, executes 1 or 2 or 3 tasks involving the construction or reconstruction of roads or streets in minimum class minutes, of dual carriageway with a work value of at least PLN 200 000 000 net each in the post/position set out in the Terms of Reference.

2) Construction Manager — 1 Head

Professional experience:

At least 24 months during implementation of 1 or 2 missions involving construction or reconstruction, or supervision of the construction or conversion of roads or streets of class applications, of dual carriageway with a work value of at least PLN 200 000 000 net each in a post/position set out in the Terms of Reference.

(3) Chief Road Project (1).

Vocational periods:

10 months minimum experience in carrying out 1 or 2 tasks involving production of design documentation consisting of at least design documentation consisting of construction or upgrading of roads and/or streets of class minutes, of total of dual carriageways with an overall length of at least 12.200 km/post defined in the specification.

(4) Chief Mojoside (1)

Career breakdown:

At least 10 months’ experience in preparing design documentation consisting of at least the building project on the building or upgrading of at least 1 bridge structure with load for Class A and the theoretical interval of at least 50 m of the post/station defined in the Terms of Reference.

Given the limited character of the characters that can be introduced into the notice, other information can be found in the terms of reference available in the terms of this notice on the website of the awarding authority.

III.1.5)Information about reserved contracts
III.2)Conditions related to the contract
III.2.2)Contract performance conditions:

1. The performance of the contract is governed by Polish law, including in particular the Act of 7.7.1994 of the Construction Law, the Act of 23.4.1964 Civil Code and the Act of 29.1.2004 on Public Procurement Law.

2. In the case of jointly requesting economic operators, the personal execution of the key lots set out in the Terms of Reference should be carried out by that consortium member who has demonstrated knowledge and experience as described under point III.1.3) of the notice.

3. The terms of implementation of the contract, the acceptable modifications of the contract and the determination of the conditions for change, have been concluded in the terms of reference.

4. The terms and conditions of employment of the Contractor or subcontractor under the contract of employment of persons engaged in performance of the contract indicated by the contracting entity were specified in the terms of Tomias II and Tomatie III SIWZ.

III.2.3)Information about staff responsible for the performance of the contract
Obligation to indicate the names and professional qualifications of the staff assigned to performing the contract

Section IV: Procedure

IV.1)Description
IV.1.1)Type of procedure
Open procedure
IV.1.3)Information about a framework agreement or a dynamic purchasing system
IV.1.4)Information about reduction of the number of solutions or tenders during negotiation or dialogue
IV.1.6)Information about electronic auction
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.2.1)Previous publication concerning this procedure
IV.2.2)Time limit for receipt of tenders or requests to participate
Date: 11/12/2018
Local time: 10:50
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:
Polish
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)
IV.2.7)Conditions for opening of tenders
Date: 11/12/2018
Local time: 11:00
Place:

Place of business conducting proceedings: Directorate-General for National Roads and Motorways, Opole Branch Niekazkowskiego 6, 45-085 Opole, POLAND

Information about authorised persons and opening procedure:

The opening of tenders shall be in public.

Section VI: Complementary information

VI.1)Information about recurrence
This is a recurrent procurement: no
VI.2)Information about electronic workflows
VI.3)Additional information:

1. The Contractor shall be required to submit a statement giving preliminary confirmation of the date of submission of the tenders that the Contractor: (a) is not subject to exclusion; meets the conditions for participation in the procedure.

2. The Contractor must provide the contracting authority with the statement referred to in paragraph 1 above (in the form of a single electronic signature with a qualified electronic signature and in accordance with the principles laid down in the IDC).

3. With regard to “Part IV Selection criteria”, the Contractor may limit itself to the completion of the ALFA section, in which case the Contractor shall not fulfil any of the other sections (A-D) in Part IV.

4. An economic operator who relies on the resources of other entities in order to demonstrate that there are no grounds for exclusion and, in so far as it invokes resources therein, the conditions for taking part in the procedure, make one or more of them subject to the conditions for taking part in the procedure. If relevant for the specific capabilities on which the economic operator relies, the information required in Part IV can be included for each of the entities concerned.

5. In the case of joint procurement by the contractors, one of the contractors of the contractors in electronic form shall be submitted together with a certified electronic signature. They shall be sent in accordance with the principles laid down in IDW.

6. At the request of the contracting authority, in order to confirm that there is no basis for excluding the contractor from participating in the proceedings, the Contractor shall be required to submit the information, certificates, copies and declarations referred to in paragraph 5 (1) to (6) and (9) of the MR’s Act of 26.7.2016 on the types of documents that the contracting authority may require from the contractor in the procurement procedure (Journal of Laws of 2016, item EUR 1126).

7. Where the Contractor is located outside the territory of the Republic of Poland and also where the person to whom the Contractor is resident is domiciled outside the Republic of Poland, the rules laid down in Sections 7 and 8 of that Act apply. Regulation.

8. Within 3 days of the date of the publication, the contractor shall provide the information referred to in Article 86. 5 Public records shall be submitted by the Contracting Party whether or not to belong to the same group as referred to in Article 24 (Article 1 (23) of the Public Procurement Act. When submitting the declaration, the Contractor may provide evidence that links to the other contractor will not lead to a distortion of competition in the contract award procedure.

9. The Contractor shall be excluded from the procurement procedure in respect of which any of the circumstances referred to in Article 24 (1) are met. Article 1 (12) — (23) of the Public Procurement Act and Article 24 (1). Article 5 (1) — (4) and (8) of the Public Procurement Act.

10. The contracting authority shall require that design work and work together with the decision on the use permit has been completed within a maximum period of 39 months from the date of conclusion of the contract. Until the Works time, wintertime periods (i.e. 15.12 to 15.3) are not included. The duration of the winter period (i.e. from 15.12 to 15.3) is included in the design. The minimum execution time is 36 months from the date of conclusion of the contract (together with the authorisation decision), in line with the accepted criterion of evaluation of the tenders ‘Period of Implementation of the Contract’.

11. In accordance with Article 24 (aa) of the Public Procurement Act, the contracting authority provides for the possibility to first assess tenders and examine whether the Contractor whose tender has been evaluated as the most advantageous is not excluded and fulfils the conditions for participation.

12. The tender validity period referred to in point IV.2.6 of the notice) is given at 90 days

13. The awarding authority shall envisage the award of contracts referred to in Article 67 Article 1 (6) of the Public Procurement Act, as described in the Terms of Reference.

14.The contracting authority provides for the possibility of cancelling the procurement procedure under Article 93 1a of the Public Procurement Act, if funds from the EU budget are not allocated to it.

VI.4)Procedures for review
VI.4.1)Review body
Krajowa Izba Odwoławcza
ul. Postępu 17a
Warszawa
02-676
Poland
Telephone: +48 224587801
E-mail: odwolania@uzp.gov.pl
Fax: +48 224587800

Internet address: http://www.uzp.gov.pl

VI.4.2)Body responsible for mediation procedures
VI.4.3)Review procedure
Precise information on deadline(s) for review procedures:

1. When a contractor has or has had an interest in obtaining an order or may have suffered damage as a result of the contracting authority having infringed the provisions of the Public Procurement Act, the economic operators enjoy legal remedies as defined in the Act of Title VI of the Public Procurement Act. Remedies for a contract notice and of the Terms of Reference are also applicable to organisations included in the list referred to in Article 154 (5) of the Public Procurement Act.

2. An appeal shall lie solely with the activities of the contracting authority, which are not in accordance with the provisions of the Act, in order to award a contract or to refrain from acts to which the Contracting Party is obliged by virtue of the Public Procurement Act.

3. The notice of appeal should indicate the act or failure to act by the Contracting Authority, which is allegedly not in compliance with the provisions of the Public Procurement Act, contain a concise statement of objections, state the facts and circumstances justifying the appeal.

4. The appeal shall be lodged with the President of the Chamber in paper form or in electronic form, duly signed by hand or by a qualified electronic signature.

The appellant shall send a copy of the appeal to the contracting authority before the expiry of the period for filing the appeal in such a way as to enable him to become acquainted before the expiry of that period. The contracting authority may have been able to acquaint themselves with the notice of appeal before the expiry of the time limits for submitting them, if the transmission of the copy is before expiry of the time-limit for his or her submission using the electronic means of communication.

5. Deadlines for filing an appeal:

5.1. the appeal must be lodged within 10 days of notification of the operation of the Contracting Party giving rise to the appeal, if they have been sent as provided for in Article 180 (1). Article 5 of the Public Procurement Act, the second sentence, or within 15 days, if they have been sent in another way;

Appeal against the content of the contract notice, as well as to the terms of the contract specifications, which are requested within 10 days of publication of the notice in the Official Journal of the European Union or inclusion of the Terms of Reference on the Internet site;

An appeal against a measure other than those referred to in paragraphs 5.1. and 5.2. above shall be lodged within 10 days of the date on which it was, or were subject to due diligence, made aware of the circumstances giving rise to the appeal;

5.4. if the contracting authority did not give notice of the choice of the most advantageous appeal to the Contractor, it shall be submitted no later than:

1) 30 days after the date of publication in the Official Journal of the European Union of the award notice;

2) 6 months after the contract has been concluded if the contracting authority did not publish the award notice in the Official Journal of the European Union.

6. The detailed rules of procedure on appeal are laid down in the relevant provisions of the Chapter VI of the Public Procurement Act.

7. Appeals may be brought before a court against a decision of the National Chamber of Appeal, the parties and the parties in the appeal proceedings.

8. The complaint shall be lodged with the district court with jurisdiction for the place of establishment of the contracting authority, through the intermediary of the National Chamber of Appeal, within 7 days of service of the decision of the National Chamber of Appeal by forwarding it with an acknowledgment of the complaint. The lodging of a complaint at a designated postal operator within the meaning of the Postal Law is synonymous with the lodging of a complaint.

VI.4.4)Service from which information about the review procedure may be obtained
Urząd Zamówień Publicznych – Departament Odwołań
ul. Postępu 17a
Warszawa
02-676
Poland
Telephone: +48 224587840

Internet address: http://www.uzp.gov.pl

VI.5)Date of dispatch of this notice:
11/10/2018