Supplies - 502284-2022

Submission deadline has been amended by:  510650-2022
14/09/2022    S177

Denmark-Nordhavn: Container cranes

2022/S 177-502284

Contract notice – utilities

Supplies

Legal Basis:
Directive 2014/25/EU

Section I: Contracting entity

I.1)Name and addresses
Official name: COPENHAGEN MALMÖ PORT, FILIAL AF COPENHAGEN MALMÖ PORT AB, SVERIGE
National registration number: 25996011
Postal address: Containervej 9
Town: Nordhavn
NUTS code: DK011 Byen København
Postal code: 2150
Country: Denmark
Contact person: Marko Poot
E-mail: marko.poot@solidportsolutions.com
Telephone: +31 650634924
Internet address(es):
Main address: www.cmport.com
I.3)Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at: http://eu.eu-supply.com/app/rfq/rwlentrance_s.asp?PID=340103&B=DK_UDBUD
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be submitted electronically via: http://eu.eu-supply.com/app/rfq/rwlentrance_s.asp?PID=340103&B=DK_UDBUD
Tenders or requests to participate must be submitted to the abovementioned address
I.6)Main activity
Port-related activities

Section II: Object

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

Supply of STS Cranes for the container terminal in Nordhavn, Copenhagen, Denmark

Reference number: STS Cranes v2
II.1.2)Main CPV code
42414140 Container cranes
II.1.3)Type of contract
Supplies
II.1.4)Short description:

Copenhagen Malmö Port, branch of Copenhagen Malmö Port AB, Sverige (CMP, referred to as ‘Employer’) is operating the container terminal in the Port of Copenhagen, Denmark.

The old container terminal is being relocated to the a new terminal in the Nordhavn area, which will be operated initially with 2 container cranes and a number of Straddle Carriers. The Employer intends to purchase 2 new container cranes (complete with spare parts and consumables). The procurement is a two-stage procedure where the first stage is the prequalification of Tenderers and the second stage the tendering with negotiations. The invitation to tender is announced in the TED-database (EU) and EU-supply.com tender portal. The procurement will be carried out according to EU tender regulations through the EU-supply.com tender portal where the full Tender Documents can be downloaded.

II.1.5)Estimated total value
II.1.6)Information about lots
This contract is divided into lots: no
II.2)Description
II.2.2)Additional CPV code(s)
42419100 Parts of cranes
50531400 Repair and maintenance services of cranes
II.2.3)Place of performance
NUTS code: DK011 Byen København
NUTS code: DK Danmark
Main site or place of performance:

Nordhavn

II.2.4)Description of the procurement:

Copenhagen Malmö Port, branch of Copenhagen Malmö Port AB, Sverige (CMP, referred to as ‘Employer’) is operating the container terminal in the Port of Copenhagen, Denmark. The Employer is partly owned by CPH City and Port Development which has the responsibility to administer and run the harbour facilities and uphold the law and order in the harbour area according to the general harbour laws and regulations set forth by the Governmental Authority of Denmark. The Employer’s objective is to provide an effective and economic harbour and organize for an efficient and environmentally friendly sea-transport, as well as managing the property and equipment in an economic and environmentally friendly way. The Employer is certified within the environmental standard ISO 14001. The old container terminal is being relocated to the a new terminal in the Nordhavn area, which will be operated initially with 2 container cranes and a number of Straddle Carriers. The Employer intends to purchase 2 new container cranes (complete with spare parts and consumables) and new Straddle Carriers. The procurement is a two-stage procedure where the first stage is the prequalification of Tenderers and the second stage the tendering with negotiations. The invitation to tender is announced in the TED-database (EU) and EU-supply.com tender portal. The procurement will be carried out according to EU tender regulations through the EU-supply.com tender portal where the full Tender Documents can be downloaded.

II.2.5)Award criteria
Criteria below
Quality criterion - Name: Technical / Weighting: 40%
Quality criterion - Name: Sustainability / Weighting: 30%
Cost criterion - Name: Total Cost of Ownership / Weighting: 30%
II.2.6)Estimated value
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Start: 23/01/2023
End: 05/12/2024
This contract is subject to renewal: no
II.2.9)Information about the limits on the number of candidates to be invited
Envisaged number of candidates: 3
Objective criteria for choosing the limited number of candidates:

The Employer will evaluate the received Prequalification Applications in order to select the 3 best qualified applicants, who then will be informed accordingly and receive an invitation to submit their Tender.

The best qualified Tenderers will be considered the applicants who, in the opinion of the Employer:

Meet the eligibility requirements, and

Have adequate production facilities, and

Have a good quality system, and

Have the best relevant experience in execution of works of similar nature, extent, and value of the contracts, and

Have met the minimum level of relevant experience required (3 projects carried out in the past 8 years), and

Meet the minimum requirements for the economic standing.

II.2.10)Information about variants
Variants will be accepted: no
II.2.11)Information about options
Options: yes
Description of options:

For details about options, please refer to the tender documents

II.2.13)Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
II.2.14)Additional information

Deviations will only be allowed in accordance with the procedure described in Volume 1 ofthe tender documents.

The contract will after the end date continue for at least two additional years (the Defects Notification Period).

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:

A Tenderer will be considered not-eligible for prequalification, if:

a) he is bankrupt;

b) payments to him have been suspended in accordance with the judgement of a court or a judgement declaring bankruptcy and resulting, in accordance with his national laws, in total or partial loss of the right to administer and dispose of his property;

c) legal proceedings have been instituted against him involving an order suspending payments and which may result, in accordance with his national laws, in declaration of bankruptcy or in any other situation entailing the total or partial loss of the right to administer and dispose of his property;

d) he is guilty of serious misrepresentation with regard to information required for participation in an invitation to Tender;

e) he has been involved in the tendering process;

f) he is not a legally registered company;

g) he does not comply with the ILO Convention 94 (Labour Clauses Convention), which regulates payment of workers and work conditions;

h) he does not comply with the UN’s Child Convention clause 32 and ILO-convention no. 138

i) he is not exempted from any EU-, US-, or OECD-governed or Danish sanctions/restrictions complying at the time for submission of the prequalification application, or he does not comply with these sanctions/restrictions;

j) he does not comply with any other eligibility requirements listed in the European Single Procurement Document (ESPD)

Tenderer shall provide a certified statement and, upon request, provide evidence satisfactory to the Employer that none of these situations applies to him. Please also consult Volume 3 of the tender material for specific requirements to general company information that needs to be submitted.

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

The Tenderer is kindly requested via the ESPD to provide the following information:

Information about the Tenderer’s financial capacity (e.g. past three (3) years financial statements, including profit and loss account and balance sheet, all as certified by its auditors).

The economic standing will be evaluated across the following two parameters:

Total annual revenue:

a statement regarding the Tenderer’s total revenue in the last 3 financial years. If a Tenderer relies on the economic and financial capacity of other entities (e.g., a parent company, a sister company, or a subcontractor), information for such other entities must also be provided.

Solvency ratio:

A statement regarding the Tenderer's solvency ratio (calculated as total equity/total assets *100) in the last financial year. Where a Tenderer relies on the economic and financial capacityof other entities (e.g., a parent company, a sister company, or a subcontractor), information for such other entities must also be provided.

Note: The Employer reserves the right to make a company credit check.

Minimum level(s) of standards possibly required:

Minimum requirements for annual revenues: EUR 40,000,000.

Minimum requirements for solvency of Economic Operator: A Solvency ratio in the lastfinancial year available of at least 20 % — calculated by dividing total equity with total assets:(total equity/total assets * 100) =equity to total assets ratio)

or

a current long-term debt rating of BBB- or above (Standard & Poors and Fitch) and/or Baa3or above (Moody’s) if available.

Minimum level(s) of standards possibly required:

Minimum requirements for annual revenues: EUR 40,000,000.

Minimum requirements for solvency of Economic Operator: A Solvency ratio in the lastfinancial year available of at least 20 % — calculated by dividing total equity with total assets:(total equity/total assets * 100) =equity to total assets ratio)

or

a current long-term debt rating of BBB- or above (Standard & Poors and Fitch) and/or Baa3or above (Moody’s) if available.

III.1.3)Technical and professional ability
Selection criteria as stated in the procurement documents
III.1.4)Objective rules and criteria for participation
List and brief description of rules and criteria:

- Valid EN-ISO 9001 (quality management system) and EN-ISO 14001 (environmental management system) certificates (or equivalent)

- Valid IEC/ISO 27001 and EN-IEC 62443 certificate (or equivalent).

Please see tender documents for details.

III.1.6)Deposits and guarantees required:

Please refer to Volume 3 of the tender documents for details.

III.1.7)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:

Please refer to Volume 3 of the tender documents for details.

III.2)Conditions related to the contract
III.2.2)Contract performance conditions:

The Conditions of Contract comprise the “General Conditions” and the “Particularconditions”, which form part of the “Conditions for Plant and Design-Build” First Edition 1999published by the Fédération Internationale des Ingénieurs-Conceils (FIDIC). The “ParticularConditions” include amendments and additions to the “General Conditions”.

Please refer to Volume 2 "Conditions of Contract" of the tender documents.

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
Negotiated procedure with prior call for competition
IV.1.3)Information about a framework agreement or a dynamic purchasing system
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.2.2)Time limit for receipt of tenders or requests to participate
Date: 10/10/2022
Local time: 12:00
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:
English
IV.2.6)Minimum time frame during which the tenderer must maintain the tender
Tender must be valid until: 05/03/2023

Section VI: Complementary information

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

Please note that all communication regarding the procurement (incl. questions and answers) shall happen via the EU Supply portal.

The tenderer is also required to submit an ESPD to be filled out via EU Supply.

If you experience issues with the tender portal, please contact EU Supply at

Tel: +45 70 20 80 14

email: dksupport@eu-supply.com

VI.4)Procedures for review
VI.4.1)Review body
Official name: Klagenævnet for Udbud
Postal address: Nævnenes Hus, Toldboden 2
Town: Viborg
Postal code: 8800
Country: Denmark
E-mail: klfu@naevneneshus.dk
Telephone: +45 72405708
Internet address: https://erhvervsstyrelsen.dk/klagevejledning-0
VI.4.3)Review procedure
Precise information on deadline(s) for review procedures:

Pursuant to the Danish Act on the Complaints Board for Public Procurement, etc. (lov om Klagenævnet for Udbud m.v.) (the Act is available (in Danish) at www.retsinformation.dk), the following deadlines apply to the lodging of complaints:

Complaints for not having been selected must be submitted to the Danish Complaints Board for Public Procurement before the expiry of 20 calendar days, see section 7(1) of the Act, from the day after submission of notification to the candidates concerned of the identity of the successful tenderer where the notification is accompanied by an explanation of the grounds for the decision in accordance with section 2(1), para (1) of the Act and section 171(2) of the Danish Public Procurement Act.

In other situations, complaints of award procedures, see section 7(2) of the Act, must be lodged with the Danish Complaints Board for Public Procurement before the expiry of:

1) 45 calendar days after the contracting authority has published a notice in the Official Journal of the European Union that the contracting authority has entered into a contract. The deadline is calculated from the day after the day when the notice was published.

2) 30 calendar days calculated from the day after the day when the contracting authority has notified the candidates concerned that a contract based on a framework agreement with reopening of competition or a dynamic purchasing system has been entered into where the notification has included an explanation of the relevant grounds for the decision.

3) 6 months after the contracting authority entered into a framework agreement calculated from the day after the day when the contracting authority notified the candidates and tenderers concerned, see section 2(2) of the Act and section 171(4) of the Danish Public Procurement Act.

4) 20 calendar days calculated from the day after the contracting authority has submitted notification of its decision, see section 185(2) of the Danish Public Procurement Act.

Not later than at the time of lodging a complaint with the Danish Complaints Board for Public Procurement, the complainant must notify the contracting authority in writing that a complaint has been lodged with the Danish Complaints Board for Public Procurement and whether the appeal was lodged during the standstill period, see section 6(4) of the Act. In cases where the complaint was not lodged during the stand-still period, the complainant must furthermore indicate whether a suspensory effect of the complaint has been requested, see clause 12(1) of the Act.

The e-mail address of the Complaints Board for Public Procurement is set out in section VI.4.1).

The Complaints Board’s own complaints procedure is available at www.naevneneshus.dk/start-din-klage/klagenaevnet-for-udbud/vejledning/

VI.4.4)Service from which information about the review procedure may be obtained
Official name: Konkurrence- og Forbrugerstyrelsen
Postal address: Carl Jacobsens Vej 35
Town: Valby
Postal code: 2500
Country: Denmark
E-mail: kfst@kfst.dk
Telephone: +45 41715000
Internet address: http://www.kfst.dk
VI.5)Date of dispatch of this notice:
09/09/2022