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Germany-Berlin: Rolling stock
Contract notice – utilities
Section I: Contracting entity
Section II: Object
RV Railway Vehicles
Transdev GmbH, as the central purchasing body of the Transdev group, awards framework agreements with several companies for the supply of rolling stock. The framework agreements shall lay down the terms and conditions for the conclusion of specific contracts by Transdev-group companies (entitled to call). The framework agreements do not contain any binding purchase and delivery obligations.
The contract is divided into a total of 3 lots, each covering specific types of vehicles with different types of propulsion. Tenders may be submitted for one, several or all lots.
Single deck railcars (electric/combustion + alternative propulsion)
The place of performance may be all the locations of the German companies of the Transdev-Group. Further details can be found in the procurement documents.
Lot 1 covers the supply of single-deck railcars. The framework contract will cover different types of propulsion (electric, diesel, accumulators and fuel cell).
The Framework Agreement contains an extension option. It may be renewed twice by the contracting authority for a period of one year.
See point III.1.4
See specifications and other procurement documents
Self-propelled double-deck railcars (electric/combustion + alternative propulsion)
Lot 2 covers the supply of double-storey railcars. The framework contract will cover different types of propulsion (electric, diesel, accumulators and fuel cell).
Electric loan-wagon set + alternative drives
Lot 3 covers the supply of electric locomotives with passenger coaches. The framework contract will cover different types of propulsion (electric, diesel, accumulators and fuel cell).
Section III: Legal, economic, financial and technical information
The request to participate must be accompanied by the following documents:
1. up-to-date extract from the professional or trade register, as provided for in the legislation of the country in which the applicant is established. Printouts from the electronic trade register are also allowed (www.handelsregister.de). The ‘current expression’ (AD) with an overview of all entries currently in force or the ‘chronological expression’ (CD) with all data from the changeover to electronic register maintenance shall be selected. The extract from the professional or trade register must not be older than 6 months on the closing date for receipt of requests to participate.
2. Self-declaration of absence of grounds for exclusion (form 4):
— § § 123 AND 124 GWB,
— Paragraph 21 (1) of the AentG,
— Section 98c (1) of the Residence Act,
— Paragraph 19 (1) of the MiLoG,
— § 21 (1) SchwarzArbG,
— Submission of a self-declaration of entries in the Trade Centre Register, Section 149 (2) GewO.
All the required declarations/supporting documents must be submitted in German or with a German translation drawn up by a sworn or authorised or officially appointed translator.
No reference to previous tenders or applications shall be made. Such information, statements or evidence cannot be taken into account even if they are already available to the contracting authority.
1. Self-declaration of net annual turnover for the financial years 2017 to 2019 in the field of local rail passenger rolling stock (form 3).
2. Economic information from the Creditreform or similar institution — this must not be more than 6 months old on the closing date for receipt of requests to participate. A copy is sufficient. Information from the bank is not sufficient in that regard.
3. Annual accounts for the financial years 2017 to 2019
If the applicant is not yet active on the market for 3 completed financial years, he must provide the above information in points (1) to (3) on previous business activity.
If a candidate relies on that of one or more other undertakings to prove his economic and financial capacity, the candidate must submit a letter of commitment to remain suitable, a recent extract from the commercial register and the self-declaration on the absence of grounds for exclusion (form 4). The evidence of economic and financial capacity referred to above must be provided by the third party in so far as it intends to rely on the capacity of the third party to prove the capacity of the third party.
The contracting authority reserves the right, without being obliged to do so, to ask candidates for any incomplete or missing supporting documents or explanations.
1. max. 6 references comparable to the contract for the manufacture and supply of rolling stock for local passenger rail transport (including successful approval), split between (a) Germany (b) EU/EEA, UK and Switzerland, (c) rest of the world, with the name of the contracting authority with contact person and telephone number and date of order and delivery, number of vehicles, contract amount and method of propulsion.
2. Evidence that the applicant has successfully approved a locomotives for local rail passenger transport in Germany in the last 5 years or, alternatively, explanations on how the authorisation would be implemented in Germany (if no locomotive for local rail passenger transport has yet been approved in Germany).
3. Presentation of the entity with the following disclosures:
Company organisation (structure, location, group affiliation and shareholdings),
The range of services provided by the undertaking (in relation to rolling stock),
— production capacity (related to rolling stock),
— the technical equipment of the undertaking,
— on quality assurance measures, and
— the number of average annual employees employed in the last 3 financial years for which accounts have been closed (2017 to 2019). In so far as the applicant is not yet active on the market for 3 completed financial years, the average annual employees employed in the rolling stock business for the completed financial years.
If a candidate relies on that of one or more other undertakings to prove his technical and professional capacity, the candidate must submit a letter of commitment to remain suitable, a recent extract from the commercial register and the self-declaration on the absence of grounds for exclusion (form 4). The evidence of economic and financial capacity referred to above must be provided by the third party in so far as it intends to rely on the capacity of the third party to prove the capacity of the third party. In order to demonstrate the minimum requirements, the references of the tenderer and the aptitude will be considered cumulatively.
All the required declarations/supporting documents must be submitted in German or with a German translation (by officially certified translators).
No reference to previous tenders or applications shall be made. Such information, statements or evidence cannot be taken into account even if they are already available to the contracting authority. The contracting authority reserves the right, without being obliged to do so, to ask candidates for any incomplete or missing supporting documents or explanations.
Minimum technical and professional capacity:
— production and supply of a total of at least 250 rolling stock for local rail passenger transport over the last 5 years (including successful registration),
— Manufacture and supply of a rail vehicle for local rail passenger transport in the EU/EEA, UK or Switzerland over the last 5 years (including successful registration).
Only candidates who have demonstrated their suitability in the competition will be considered in the negotiated procedure. For each lot, up to nine bidders — 6 companies offering electric vehicles and 3 companies offering combustion vehicles — are expected to be included in the further procedure.
Companies will be selected on the basis of their technical and professional capacity (see point III.1.3 of the contract notice), taking into account the following criteria:
— references relating to the manufacture and supply of rolling stock for local passenger rail transport successfully registered in Germany,
— availability and experience of alternative means of propulsion for rolling stock,
— references for the manufacture and supply of globally approved local passenger rail vehicles.
Performance will be assessed on a score scale ranging from zero to 3 points without decimal places.
In accordance with the procurement documents
Requirements for candidate groups:
The declarations and supporting documents listed in point III.1.1) must be provided for each member of the consortium. In addition, consortia must submit a declaration by the members of the consortium on the appointment of the lead contractor and joint and several liability (form 2).
The declarations and supporting documents referred to in points III.1.2 and III.1.3 must be submitted only by the member (s) whose capacity is to be used to prove the capacity. In order to demonstrate the minimum requirements, the supporting documents of all members of the consortium will be considered cumulatively.
Section IV: Procedure
Section VI: Complementary information
1. Transdev GmbH intends to conclude framework agreements with several companies for the supply of rolling stock to the German companies of the Trandsdev Group. Transdev GmbH is the contracting authority and contracting authority.
2. Transdev GmbH and all the subsidiaries of Transdev GmbH, which are regarded as affiliated undertakings under Paragraph 15 of the AktG, and which are active in the passenger transport sector, are entitled to conclude individual contracts on the basis of these framework agreements. The companies entitled to access at the present time are listed in Annex 4 to the framework contract (overview of eligible companies). In the event of changes in company law, in particular as a result of the acquisition or majority of shareholdings in existing companies or the formation of new subsidiaries, the company concerned shall be entitled to retrieve or cease to have the right of call upon the date on which the change is entered in the commercial register.
3. The contracting authority intends to submit to the tenderers selected for the procedure, in the context of discussions prior to the submission of the initial tenders, proposals for opposing the tender documents.
4. Under Section 15 (4) of the SectVO, the contracting authority reserves the right to award the contract on the basis of the original tenders without conducting negotiations.
5. The contracting authority reserves the right to further reduce the number of tenderers following the evaluation of the tender and to take into account only those tenderers who have a serious chance of being awarded the contract. It must be assumed that there is no serious chance of being awarded if, according to the result of the evaluation of the tender, the tender does not reach at least 90 % of the value of the best tenderer.
6. Transdev GmbH intends to limit the number of framework contractors to up to 9 partners per lot.
7. In the case of several framework contractors, the specific contracts will be awarded in the framework of a mini-contest.
8. The electronic procurement management system, dtvp, is used to communicate and complete the entire procurement procedure. For reasons of confidentiality, candidates will receive the documents for the preparation of the request to participate and the procurement documents only after registration on the Portal. The contract notice first publishes the documents necessary to enable interested undertakings to take a decision on their participation in the procurement procedure. The complete procurement documents will be made available only to the tenderers selected to submit a tender in the competition to participate.
9. If you have any questions relating to this procurement procedure, please use only the procurement portal and the ‘query’ form. No further questions about the procedure will be answered by telephone.
10. The contracting authority reserves the right to ask tenderers, pursuant to § 51 (2) of the SectVO, to submit, complete or correct missing, incomplete or incorrect company related data, in particular self-declarations, information, certificates or other supporting documents, or to submit or complete missing or incomplete deliverables. Candidates/tenderers are not entitled to do so.
11. Further detailed information can be found in the procurement documents.
Publication ID: CXP4YLZDVNN.
Under Paragraph 160 (3) of the GWB, the application for review is inadmissible in so far as:
(1) the applicant discovered the alleged infringement of the procurement rules before submitting the application for review and did not challenge the contracting authority within 10 calendar days; the expiry of the period referred to in Section 134 (2) shall remain unaffected,
(2) infringements of the procurement rules which can be identified as a result of the contract notice are not brought before the contracting authority by the expiry of the time limit set out in the contract notice for the submission of applications or tenders;
(3) infringements of public procurement rules which can only be identified in the procurement documents are not raised against the contracting authority at the latest by the deadline for the submission of applications or tenders;
(4) more than 15 calendar days have elapsed after receipt of the contracting authority’s notification that it does not intend to remedy a complaint.
Sentence 1 shall not apply in the case of an application for a declaration that the contract is invalid pursuant to § 135 (1) (2) GWB. Section 134 (1) sentence 2 shall remain unaffected.