Denmark-Hanstholm: Harbour construction works
Contract notice – utilities
Section I: Contracting entity
Main address: www.portofhanstholm.dk
Address of the buyer profile: https://eu.eu-supply.com/ctm/Company/CompanyInformation/Index/278774
Main address: www.ramboll.dk
Section II: Object
Expansion of the port of Hanstholm.
Hanstholm Havn calls for tenders for the construction of works related to the expansion of the port of Hanstholm. Due to the high level of activity in and around the port of Hanstholm, a new development plan is in the works. The expansion of the port, including basins, hinterland, quay walls, water depth, entrance width and the reduction in wave disturbance, is a crucial element in this development. The design of the works regarding the above-mentioned expansion, including both the wave model and sedimentation models, will be carried out by the port of Hanstholm. The winning Tenderer shall build the expansion of the port on the basis of this design in accordance with the contract. The port of Hanstholm has allocated a budget of DKK 450-500 000 000 for the expansion.
DK 7730 — Hanstholm.
This tender is a negotiated procedure.
It is expected that the negotiation stage of the procurement procedure will include the following stages:
— Submission of the first negotiation tender by the Tenderers
— First negotiation meeting
— Submission of a revised negotiation tender by the Tenderers
— Second negotiation meeting
— Submission of the BAFO
The contracting entity expects to eliminate Tenderers during the procedure, see section 8.3 in the Tender Conditions. This means that only a selected number of Tenderers will be invited to submit the BAFO. Please also refer to section IV.1.4.
However, after receiving tenders and before entering into a negotiation round, the contracting entity may choose either i) to complete evaluation of the compliant tenders with a view to identifying the most economically advantageous tender, cf. the Tender Conditions or ii) Invite all remaining Tenderers to a negotiation round.
The contracting entity reserves the right during the negotiation stage to ask the Tenderers to participate in additional negotiation meetings.
All costs and expenses of the Tenderers related to the preparation of their tenders and their participation in the negotiations must be borne by the Tenderers.
However, to compensate Tenderers regarding the preparation of the tenders, all Tenderers except the winning Tenderer will receive remuneration. The contracting entity will compensate the prequalified Tenderers according to the following plan of distribution:
— The winning Tenderer will not receive remuneration.
— The Tenderers who have submitted a BAFO will receive DKK 1 000 000 each.
— Prequalified Tenderers who are eliminated during the negotiated procedure and therefore will not submit a BAFO will receive DKK 500 000 each.
If more suitable applicants than the fixed number (5) submit an request for prequalification, selection of applicants, who will be asked to submit a tender, will be made on the basis of a reasoned assessment where importance is attached to the economic and financial standing on the basis of the information provided in section III.1.2 and the technical and professional ability on the basis of the information provided in section III.1.3 as described below:
I) The best and most relevant technical and professional ability assessed on 1) the basis of the applicant's references that document experience of port expansions where particular emphasis will be placed on the extent to which the references documents experience with works needed in this tender as described in the Contract Notice section II.1.4. and 2) the basis of the applicant's statement of tools, plant and technical equipment that document that the applicant has the relevant equipment for carrying out the contract, where statement of tools weigh minor than references.
II) The best economic and financial standing assessed on the basis of the applicant's turnover and solvency ratio where particular emphasis will be placed on a high and stable turnover and a high solvency ratio being documented.
References and tools (I) weight more than turnover and solvency ratio (II).
Section III: Legal, economic, financial and technical information
As part of the request for prequalification, the applicant must deliver a ‘European Single Procurement Document’ (also referred to as the ESPD) in which the applicant must provide declarations on the following matters:
— Whether the applicant is subject to grounds for exclusion in section 135(1)-(3) of the Danish Public Procurement Act (mandatory grounds for exclusion on participation in criminal organisation, bribery, fraud, terrorist acts, money laundering, child labour, unpaid outstanding debt etc.), — the declaration must also include whether a member of the board, management or supervisory committee has been fined for these actions as stated in 135(2) of the Danish Public Procurement Act, and
— Whether the applicant is subject to grounds for exclusion in section 136 of the Danish Public Procurement Act (mandatory grounds for exclusion of interest, distortion of competition, gross misrepresentation etc.) and
— Whether the applicant is subject to the grounds for exclusion in section 137 (1)(2) of the Danish Public Procurement Act (concerns bankruptcy, insolvency or winding-up proceedings, reconstruction or restructuring, suspension of business activities and similar situations), and
— Whether the applicant is subject to the grounds for exclusion in section 137 (1)(6) of the Danish Public Procurement Act (concerns undue influence on the decision-making process etc.)
Request for prequalification may only be taken into consideration if the above declarations have been provided in the ESPD. Therefore declarations cannot be provided in any other manner.
In the case of groups of applicants (consortium) each individual participant in the group must enclose a separate ESPD which includes the above-mentioned declarations.
If the applicant relies on the economic and financial standing of other entities (e.g. entities within the same group, including parent companies, affiliates or subsidiaries) each individual entity must enclose a separate ESPD document which includes the above-mentioned declarations.
As part of the request for prequalification the applicant must provide a ‘European Single Procurement Document’ (also referred to as ESPD) in which the applicant must make declarations on the following matters:
— The applicant's total turnover during the last three financial years available (depending on when the applicant set up in business or started its business).
— The applicant's solvency ratio during the last three financial years available (depending on when the applicant set up in business or started its business). The solvency ratio is calculated as a percentage as equity divided by the total assets.
The applicant should state equity and total assets, so it is possible for the contracting entity to calculate the solvency ratio. The equity and total assets should be stated in ‘Description’ and the solvency ratio should be stated under ‘Ratio’ in the ESPD.
Request for prequalification may only be taken into consideration if the above declarations have been provided in the ESPD cf. the Danish Public Procurement Act section 148. Therefore declarations cannot be provided in any other manner.
In the case of groups of applicants (consortium) and tenders with sub-suppliers: In the assessment of the financial/economic standing, a mathematical operation and aggregation of the financial ratios of the participants will NOT be made with a view to calculating average financial ratios for the consortium or the main supplier/sub-supplier in its entirety.
The assessment of the economic and financial standing for a consortium or for a main supplier with sub-supplier(s) will be made on the basis of partly an assessment of the affairs of the individual participants, partly an overall assessment of the economic and financial standing of the consortium or the main supplier/sub-supplier in its entirety.
— Presentation of a list of relevant harbour construction works carried out over the past five years similar to the actual tender in size, complexity and nature. The presentation of each works should include information on natural conditions of the site, breakwaters, quay walls, hinterland, dredging and reclamation work as well as stating sums, dates as well as the public or private recipient.
— Minimum requirement for prequalification: The applicant must have completed at least one harbour construction project similar to the actual tender within the past 5 years with a contract sum of such single project of minimum 25 million euros (or equivalent in other currency).
— A statement of the tools, plant or technical equipment available to the contractor for carrying out the contract.
— A statement of the proportion of the contract which the applicant intends to subcontract.
If the applicant relies on the technical and professional ability of other entities (e.g. sub-suppliers or entities within the same group, including parent companies, affiliates or subsidiaries) each individual entity must enclose an ESPD document which includes the above-mentioned declarations.
The applicant must have completed at least one harbour construction project similar to the actual tender within the past 5 years with a contract sum of such single project of minimum 25 million euros (or equivalent in other currency).
The contract contains special conditions for the performance of the contract. Specific information appears in the contract.
If the contract is awarded to a group of candidates (consortium), the participants must assume joint and several liability for the performance of the contract and appoint a candidate among the participants with joint and several liability to act for the consortium/group.
The contract contains special conditions for the performance
of the contract. Specific information appears in the contract.
Section IV: Procedure
Section VI: Complementary information
This is a negotiated procedure with prior to call for competition, which means that applicants that wish to participate in the procurement procedure must first request prequalification. Requests for prequalification must be prepared on the basis of the conditions stated in part III.1 for participation and must contain the information, declarations etc. that are requested in points III.1.1, III.1.2 and III.1.3.
The deadline in point IV.2.2) is the deadline for receipt of request for prequalification. The deadline for receipt of tender is fixed in the tender documents.
Each applicant can submit only one request for prequalification.
The request for prequalification must be uploaded via EU-Supply, see Section I.3. Request for prequalification can be submitted nowhere else.
Questions in connection with the procurement must be asked via the message function of EU-Supply. All questions received will be answered and submitted to all participants in anonymised form. Questions received 2 weeks before deadline for request for prequalification will be answered. Questions received after this time will also be answered unless the nature of the question makes it disproportionately burdensome to provide the answer at the latest 3 days before the expiry of the deadline for submission of request for prequalification. Questions received after this point will not be answered.
Section III.1: An applicant or tenderer will be excluded from participation in the procurement procedure if the mandatory grounds for exclusion in sections 135-136 of the Danish Public Procurement Act and/or the voluntary grounds for exclusion in section 137(2) and (6) of the Danish Public Procurement Act apply unless the Public Procurement Act allows omission to exclude the applicant/tenderer (see also section 138 of the Act).
Section III.1: The contracting entity may at any time in the procurement procedure request an applicant or tenderer to present (final) documentation of the matters that have been declared in the ESPD document; see section 151(2) of the Danish Public Procurement Act. Correspondingly, the contracting entity may ask an applicant or tenderer to supplement or clarify documentation received. In that case the requested documentation must be submitted within a brief time limit that is fixed by the contracting entity. If requested documentation is not submitted this can lead to exclusion of the applicant or tenderer in question from the procurement procedure.
The documentation that will be requested is stated in Tender Conditions, section 15.
Section III.1.3: Legal persons must at the submission of tender state name and professional qualifications for the persons who are responsible for the provision of the works. Therefore this is NOT to be stated in the request for prequalification.
Section II.1.4: The procurement procedure includes a contract that contains elements of both a public contract and a framework agreement, as the Contract includes both the Design and build Contractor's obligation to provide what is stated in section II.1.4, and covered by the Contract, and an element of a framework agreement will also be included in connection with the contracting entity's possibilities during the term of the contract to make further purchases in accordance with the contract.
Section IV.2.4: The tender language is English, with certain technical appendices being in Danish. All correspondence from the Tenderers shall be written in English. The tender shall be submitted in English or Danish. The spoken language during the negotiation meetings will be English — or Danish if the Tenderer wishes so.
Internet address: https://erhvervsstyrelsen.dk/klagenaevnet-for-udbud
The complaint of an applicant of not having been prequalified must have been filed with the Complaints Board for Public Procurement within 20 calendar days from the day after the day when the contracting entity sent notice to the applicant affected of who had been prequalified; see section 7(1) of the Act.
Other complaints must be filed with the Complaints Board for Public Procurement within 45 calendar days from the day after the day when the contracting entity has published a notice in the Official Journal of the European Union to the effect that the contracting entiy has concluded a contract; see section 7(2)(1) of the Act.
At the latest at the same time as a complaint is filed with the Complaints Board for Public Procurement the complainant must inform the contracting entity in writing that a complaint is filed with the Complaints Board for Public Procurement and whether the complaint has been filed in the stand still period. Where the complaint has not been filed in the stand still period the complainant must also state whether whether a suspension of the contract has been requested.
Internet address: http://www.kfst.dk