Services - 479166-2018

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31/10/2018    S210

Luxembourg-Luxembourg: EIB - Implementation Support to the Ukraine Urban Road Safety Project

2018/S 210-479166

Location - Ukraine

TA2018082 UA NIF

SERVICE CONTRACT NOTICE


1.Reference code

2018/S 154-352323 / TA2018082 UA NIF

2.Procedure
Restricted
3.Facilities/Mandates/Programmes title
EU Neighbourhood Investment Facility (NIF) — Neighbourhood Investment Platform (NIP)(1)
(1) The instrument's name was changed from NIF to NIP, following its integration into the European Fund for Sustainable Development (EFSD), through amended Commission Decision (Commission Implementing Decision C(2017) 8590 final of 11.12.2017 amending Commission Implementing Decision C(2017) 4638 final on the Neighbourhood Investment Facility (NIF) and the programme in Support to the Improvement in Governance and Management (SIGMA), part of the European Neighbourhood wide Action Programme 2017 to be financed from the general budget of the European Union).
4.Financing
Neighbourhood Investment Platform (NIP)
5.Contracting Authority

European Investment Bank (EIB), 98-100 boulevard Konrad Adenauer, L-2950 Luxembourg, LUXEMBOURG, http://www.eib.org/en/about/procurement/calls-technical-assistance/ta2018082.htm


Contract specification

6.Nature of contract
Fee-based
7.Contract description
The overall objective of the Ukraine Urban Road Safety Project (URSP), which this TA operation will be a part of it, is to contribute to the National Transport Strategy 2030, the National Road Safety Strategy and the Road Safety Program promoted by the Government of Ukraine. The URSP will achieve this through implementation of schemes related to road safety, better access to public transport and facilities for cycling and walking, and IT solutions for safe and effective traffic management. The specific objectives of this Technical Assistance (TA) operation are as follows: (i) to support effective implementation of the URSP; and (ii) to strengthen the capacity of relevant professionals to develop and implement appropriate road safety infrastructure schemes on urban roads in five cities in Ukraine (Kyiv, Lviv, Kharkiv, Odessa and Dnipro). The expected outputs of this TA operation are: city road safety action plans, schemes/subprojects’ procurement documents, monitoring and evaluation reports, guidelines on design of safe urban roads and streets, accident data system technical specifications, road safety trainings. The TA operation will be delivered by a team comprising experts with relevant background and experience in similar projects in road safety and municipal transport infrastructure sectors.
8.Number and titles of lots
Not applicable.
9.Maximum budget
4 100 000 EUR
10.Scope for additional services
The Contracting Authority may, at its own discretion and subject to the availability of funding, extend the scope and duration of the project to cover additional services.
In case of additional services, such extension shall be up to a maximum not exceeding the length and value of the initial contract.
Any extension of the contract would be subject to satisfactory performance by the Service Provider.


Conditions of participation

11.Eligibility
Participation is open to interested legal and natural persons - participating either individually or in a grouping (consortium) of candidates. Participation is also open to international organisations.
12.Candidature
All eligible natural and legal persons (as per item 11 above) or groupings of such persons (consortia) may apply.
A consortium may be a permanent, legally-established grouping or a grouping which has been constituted informally for a specific tender procedure. All members of a consortium (i.e., the leader and all other members) are jointly and severally liable to the Contracting Authority.
The participation of an ineligible natural or legal person (as per item 11) will result in the automatic exclusion of that person. In particular, if that ineligible person belongs to a consortium, the whole consortium will be excluded.
13.Number of applications
No more than one application can be submitted by a natural or legal person whatever the form of participation (as an individual legal entity or as leader or member of a consortium submitting an application). In the event that a natural or legal person submits more than one application, all applications in which that person has participated will be excluded.
14.Shortlist alliances prohibited
Any tenders received from tenderers comprising firms other than those mentioned in the short-listed application forms will be excluded from this restricted tender procedure unless prior approval from the Contracting Authority has been obtained. Short-listed candidates may not form alliances or subcontract to each other for the contract in question.
15.Grounds for exclusion
As part of the application form, candidates must submit a signed declaration, included in the standard application form, to the effect that they are not in any of the exclusion situations stipulated under Article 57 of European Parliament and Council Directive 2014/24/EU.
Tenderers shall be excluded from this invitation to tender procedure if any of the mandatory exclusion grounds for rejection apply.
Tenderers may be excluded from this invitation to tender procedure if any of the discretionary grounds for exclusion apply.
16.Sub-contracting
Sub-contracting is allowed, up to a maximum of 30 % of the initial contract value.
17.Number of candidates to be short-listed
On the basis of the applications received, between 5 and 8 candidates will be invited to submit detailed tenders for this contract. If the number of eligible candidates meeting the selection criteria is less than the minimum of 5, the Contracting Authority may invite the candidates who satisfy the criteria to submit a tender.


Provisional timetable

18.Provisional date of invitation to tender
January 2019
19.Provisional commencement date of the contract
May 2019
20.Initial period of implementation of tasks and possible extension of the contract
The initial period of implementation of the contract shall be of 60 months. This period may be extended, with the prior approval of the Contracting Authority. See also item 10 above.


Selection and award criteria

21.Selection criteria
The following selection criteria will be applied to candidates. In the case of applications submitted by a consortium, these selection criteria will be applied to the consortium as a whole unless specified otherwise. The selection criteria will not be applied to natural persons and single-member companies when they are sub-contractors.
1) Economic and financial capacity of the candidate (based on item 3 of the application form). In case of candidate being a public body, equivalent information should be provided.
Legal persons:
(a) The annual turnover (if the candidate is an individual company) or the average annual turnover (if the candidate is a consortium) of the candidate must be of at least 5 000 000 EUR for each of the last 3 years (2015, 2016 and 2017) for which accounts have been closed. Note to candidates: In the application form, please make sure to include the actual year for which the data is provided;
2) Professional capacity of the candidate (based on items 4 and 5 of the application form). The reference period which will be taken into account will be the last three years from submission deadline.
Legal persons:
(a) The number of the permanent staff of the candidate (individual company or consortium overall) currently working in fields related to this contract (as they are described in item 7 – “Contract Description” above), must be at least 10 for each of the last three (2015, 2016 and 2017).
(b) For each of the last three years (2015, 2016 and 2017), at least 20 % of the overall number of staff of the candidate (individual company or consortium overall) is permanent. Note to candidates: In the application form, please make sure to include the actual year for which the data is provided.
3) Technical capacity of the candidate (based on items 5 and 6 of the application form). The reference period which will be taken into account will be the last three years from submission deadline.
Legal persons:
(a) The candidate (individual company or consortium altogether) has completed and final payment made by the client during the last 5 years (from January 2013 up to the deadline for the receipt of applications indicated under item 23 below) at least one (1) project of a minimum value of 500 000 EUR equivalent with activities related to a multi-beneficiary technical assistance in the transport sector, either across multiple countries or at multiple levels (national, regional/municipal); and should demonstrate that it had a participation of minimum 60 % in the project brought as reference.
(b) The candidate (individual company or consortium altogether) has completed and final payment made by the client during the last 5 years (from January 2013 up to the deadline for the receipt of applications indicated under item 23 below) at least three (3) projects of a minimum value of 500 000 EUR equivalent each in the field of urban road design and/or safety engineering; and should demonstrate that it had a participation of minimum 60 % in the project brought as reference.
(c) The candidate (individual company or consortium altogether) has completed and final payment made by the client during the last 5 years (from January 2013 up to the deadline for the receipt of applications indicated under item 23 below) at least one (1) project of a minimum value of 300 000 EUR equivalent with activities related to road safety capacity building and/or urban road design and/or road safety engineering in the Western Balkans countries (Albania, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, Kosovo(2), Montenegro and Serbia) or in the EU Eastern Partnership Countries (Armenia, Azerbaijan, Belarus, Georgia, Moldova, Ukraine); and should demonstrate that it had a participation of minimum 60 % in the project brought as reference.
Note to candidates: The projects referenced must have been completed within the reference period (although started earlier) and final payment made within period from January 2013 up to the deadline for the receipt of applications indicated under item 23 below. In this case the project will be considered in its whole if proper evidence of performance is provided (statement or certificate from the entity which awarded the contract, proof of final payment). Where the projects referenced have been implemented by consortia comprising two or more of the members now associated as a consortium for this tender procedure, their respective percentages shall be added together, in order for the application to be assessed on the basis of the consortium as a whole.
Previous experience which caused breach of contract and termination by a Contracting Authority shall not be used as reference.
With regard to criteria relating to economic and financial standing and to criteria relating to technical and professional ability, an economic operator could, where appropriate and for a particular contract, rely on the capacities of other entities, regardless of the legal nature of the links which it has with them.
If the tenderer relies on the capacities of other entities, it must, in that case, prove to the Contracting Authority that it will have at its disposal the resources necessary for performance of the contract, for example by producing a commitment (refer to the letter of undertaking template) on the part of those entities to place those resources at its disposal. Such entities, for instance the parent company of the economic operator, must respect the same rules of eligibility — notably that of nationality – and must fulfil the same relevant selection criteria as the economic operator. The contracting authority shall verify whether there are grounds for exclusion. The contracting authority shall require that the economic operator replaces an entity which does not meet a relevant selection criterion, or in respect of which there are compulsory grounds for exclusion. The contracting authority may require that the economic operator substitutes an entity in respect of which there are non-compulsory grounds for exclusion. With regard to educational and professional criteria, an economic operator may only rely on the capacities of other entities where the latter will perform the services for which these capacities are required. With regard to economic and financial criteria, the entities upon whose capacity the tenderer relies become jointly liable for the execution of the contract.
If more than 8 eligible candidates meet the above selection criteria, the relative strengths and weaknesses of the applications of these candidates must be re-examined to identify the eight best candidates. The only factors which will be taken into consideration during this re-examination are:
1) The number of projects brought as reference which comply with the requirements of criterion 3 (a) above, i.e. Technical capacity of the candidate.
2) The number of projects brought as reference which comply with the requirements of criterion 3 (b) above, i.e. Technical capacity of the candidate.
3) The number of projects brought as reference which comply with the requirements of criterion 3 (c) above, i.e. Technical capacity of the candidate.
4) In case of competition between two or more candidates having the same number of compliant references as per the factors for re-examination 1, 2 and 3 above, the sum of projects amounts (Fees) of references which comply with the requirements of criterion 3 (b).
(2) This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence.
22.Award criteria
Best price-quality ratio.


Application

23.Deadline for receipt of applications
The applications must be received by the Contracting Authority no later than 17:00 hrs. CET on 7.12.2018.
Any application received by the Contracting Authority after this deadline will not be considered.
24.Application format and details to be provided

Applications must be submitted using the standard application form (available at the following EIB web page: http://www.eib.org/about/procurement/technical-assistance.htm whose format and instructions must be strictly observed.

Any additional documentation (brochure, letter, etc.) sent with an application will not be taken into consideration.
25.How applications may be submitted
Applications must be submitted in English exclusively to the Contracting Authority:
— EITHER by recorded delivery (official postal service) to:
European Investment Bank (EIB)
Mrs Simona Bovha, Head of CPCM
SG/AS/Consultant Procurement Contract Management Division
100 boulevard Konrad Adenauer, L-2950 Luxembourg
— OR hand delivered (including courier services) to:
European Investment Bank (EIB)
Mrs Simona Bovha, Head of CPCM
SG/AS/Consultant Procurement Contract Management Division
100 boulevard Konrad Adenauer, L-2950 Luxembourg
The Contract title and the Reference code (see item 1 above) must be clearly marked on the envelope containing the application and must always be mentioned in all subsequent correspondence with the Contracting Authority.
Applications submitted by any other means will not be considered.
26.Alteration or withdrawal of applications
Candidates may alter or withdraw their applications by written notification prior to the deadline for submission of applications. No application may be altered after this deadline.
Any such notification of alteration or withdrawal shall be prepared and submitted in accordance with Item 25. The outer envelope (and the relevant inner envelope if used) must be marked 'Alteration' or 'Withdrawal' as appropriate.
27.Operational language
All written communications for this tender procedure and contract must be in English.
28.Additional information
This tender procedure is launched with a “suspension clause”. This entails that the award of the contract is subject to: a) the signature of the Delegation Agreement between the European Union and the European Investment Bank; and the signature of a bidding agreement between the European Investment Bank and a project promoter in Ukraine in respect of this Technical Assistance.
The candidates interested in participating in this tender procedure must be fully aware that in no event shall the Contracting Authority be liable for any damages whatsoever including, without limitation, damages for loss of profits/costs incurred by applicant in preparing and submitting his application, in any way connected with the cancellation of the tender procedure on the ground of the “suspension clause” even if the Contracting Authority has been advised of the possibility of damages.
As such, by submitting their application, the candidate accepts in full the use of the “suspension clause” in this tender procedure as well as its possible consequences.
29.Date of publication of prior information notice
11.8.2018