Concrete structures for transport systems and ground works

Yderligere oplysninger

1. The application must be signed and submitted in writing in one official paper-version and/or submitted in electronic form by physical media or sent to the email address given in I.1. Hardcopies and/or physical data media should be put in a sealed envelope. Each application shall be marked with the EU notification number and be marked as 'confidential'.

2. Applicant shall also name a single contact person with his/her detailed contact information including email, telephone, visiting address and postal address in case of clarification during prequalification process.

3. For convenience and efficiency, the employer would like to see the application structured according to the numbering in Section III.2) and should contain the requested information in the respective categories. The employer reserves the right to disregard information not placed in the herefore provided categories. Indications of earlier applications are not sufficient for verification.

4. With the Request to Qualify the applicant agrees to a change in the person of the employer. It cannot be ruled out that during the tendering process, a different person e.g. within the Vattenfall Group becomes the employer.

5. The obligation to provide third party certificates does not apply if and when a similar register is not kept or registration is not required. The applicant has to demonstrate and explain this.

6. In the context of the previous item 5 foreign applicants are encouraged to provide comparable third party certificates. Their equivalence is to be demonstrated. The entire application is to be written in English, including respective proofs and appendixes. If an official document or third party certificate is not written in Danish or English, a literal translation must be provided by a sworn interpreter.

7. An applicant may, also as a member of an applicant consortium, also refer to the skills of third companies (such as subcontractors) in demonstrating the suitability. Then the applicant must submit proof for the other company regarding the items III.2.1) and III.2.3).The obligation to submit proof for the technical capacity (III.2.3) is limited to the part or the parts of services, for which the third company shall be responsible. In addition, the applicant has to demonstrate that the necessary resources are made available by the third company. This can be carried out by a personally signed letter of commitment from the other company or the other companies respectively. An applicant cannot use the financial strength of a subcontractor to demonstrate the financial capability of the applicant itself.

8. Vattenfall reserves the right to demand further statements and proof (including minimum requirements). Furthermore, it reserves the right to request a personal presentation or visit of company or reference site of a candidate to verify for example the self-declarations. Applicants are not entitled to claim an additional demand or a visit or to do a personal presentation.

9. Questions are exclusively to be sent via email to the contact point until 7 calendar days before the application deadline. Thereafter, incoming questions are not considered. The employer will try to reply in a timely manner.

10. Request to participate shall be delivered to the contact person in I.1 no later than the date and time stated in section IV.3.4.

11. Applications will be evaluated. Applicant’s performances will be assessed and valued using the general information as requested in this Contract Notice. Specific information in the application regarding the Environmental management system, HSE management system, HSE statistics and technical capacity according to the references, applicants capability and sub-suppliers as mentioned in section III.2.3 will be scored which results in a ranking of the Applicants. For ranking purpose, weighting for each item included in section III.2.3 is as follows: P-30 %, Q-10 %, R-30 %, S-10 %, T-10 % and U-10 %. The Applicants with the highest ranking will be selected as Tenderers (maximum 5). In case the final rankings of two applicants are equal, the applicant with the most relevant reference will be selected.

The specifications for contract awarding will be described in the tender documents. For reasons of maximum transparency, the employer announces some general rules in advance. There is, however, no entitlement for employer to comply with them. Therefore, specifications and changes can occur in the context of the ITT.

Contract awarding requires the approval of the employer’s boards. Contract awarding is subject to existing permits under public law. Contract awarding is subject to the economically viable implementation of the services to be determined by the employer.

12. Joint Ventures Requirements

If the Respondent is a Joint Venture of two or more legal entities (herein referred to as “Joint Venture” or “JV’) whether incorporated or unincorporated - the following additional requirements apply:

12.1. The obligations, risks and liabilities imposed on the Respondent by the tender process and / or by any agreement as a result of this tendering process, if awarded, shall be guaranteed by the partners in that Joint Venture jointly and severally. The Respondents Application and any resulting tender and/or agreement shall be signed for each of those parties by the person or persons authorized to make legally valid commitments;

12.2. At Conditional Contract Award, the Respondent shall submit proof that the agreement amongst the Joint Venture partners provides that:

a) if a Joint Venture partner goes into liquidation or has a receiving order issued against it, such partner will consent to, and the other partner(s) shall procure that all construction equipment, including without limitation tools, computer programs, and software furnished by the partner in question, and all subcontracts entered into by it, shall continue to be available, or, as the case may be, shall be assigned to the other partner(s), and

b) the structure and membership of the Joint Venture shall be maintained throughout the validity period of the tender and/or agreement;

c) statement to evidence that the Joint Venture is registered in the register of companies.

12.3. The following information shall be included in the Respondents Application:

d) the full legal name, interest and role of each of the partners in the Joint Venture;

e) the full legal name of the partner nominated to act as manager of the Joint Venture and who, in such capacity, is authorized or shall be authorized to incur liabilities and enter into contractual relationships with third parties, including settlement of any disputes hereunder, to receive and act upon instruction from Vattenfall, to make and receive payments, all on behalf of the Joint Venture.

f) statement to evidence that the Joint Venture partners are jointly & severally liable.

g) statement of consent of the parent of each Joint Venture partners that the respective subsidiary has entered into the Joint Venture for the purpose of this Contract.

h) each Joint Venture partner shall have the reputable and healthy financial standing necessary to execute the announced Contract with the corresponding risk profile. In case of a Joint Venture the yearly combined turnover average over the last three years will be minimal 4.5 (four and one half) times of the value of the Contract. To evidence the aforementioned, full audited, consolidated annual reports, including management report and explanatory notes and with a non-qualified auditor opinion, for the most recent three years for each of the Joint Venture partners. Additionally each Joint Venture partner shall provide financial information that relates specifically to the field of business related to the scope of the announced Contract.

i) statement of willingness from each of the Joint Venture partners that at contract award, each is willing to issue security for any advance payments with advance payment bonds in a form and amount acceptable to Vattenfall and by an independent, third party bank with a minimum rating of A-/A3 (rating by Standard Poor’s and/or Moody’s).

j) statement of willingness from each of the Joint Venture partners that at contract award, each is willing to issue performance bonds of approx. 10 % of the price of the works, valid until take over of the works, in a form and amount acceptable to Vattenfall and issued by an independent third party bank with a minimum A-/A3 (rating by Standard Poor’s and/or Moody’s). Price of works means the agreed net amount to be stated in the contract for design, execution and completion of the works and the remedying of any defects and excludes adjustments (if any) in accordance with the contract.

12.4. The Joint Venture shall remain unchanged throughout the whole procedure for the settlement of Contract. If unforeseen circumstances require a change in the composition of such consortium, the awarding entity may allow such change at its sole discretion provided that the change does not distort competition amongst the Tenderers.

Den juridiske form, som den sammenslutning af økonomiske aktører, der skal have kontrakten, skal have

If the contract is assigned to a consortium, a consortium member shall have the authority to sign contracts for the consortium with Vattenfall A/S. The consortium's participants shall furthermore be jointly and severally liable for any obligation to the contracting entity regarding the contract. If a request to participate is made by a consortium, the consortium statement shall be signed by all participants and attached the request to participate. Please attach a presentation of the consortium and the structure as well as the co-operation within the same. The Supplier to take the lead in the consortium shall be appointed.

Oplysninger om frister for klageprocedurer

The statutory deadline for complaints, according to Danish law, is 30 calendar days calculated from when the applicant receives notice on the prequalification result. No later than concurrently with filing a complaint with the complaint board (Klagenævnet for Udbud), the claimant shall in writing notify the contracting entity of the alleged violation and that the claim will be filled with the complaints board.