Internet address(es):

Main address: www.aarhushavn.dk

Contract Regarding Construction and Delivery of Tug

Port of Aarhus wishes to procure a 60 t-65 t bollard pull terminal assist tug to be built for the Port of Aarhus in Denmark. The Port of Aarhus intends to procure a standard design tug, modified to meet the requirements of the Port of Aarhus and equipped to the standards expected.

Port of Aarhus.

Port of Aarhus wishes to procure a 60 t-65 t bollard pull terminal assist tug to be built for the Port of Aarhus in Denmark. The Port of Aarhus intends to procure a standard design tug, modified to meet the requirements of the Port of Aarhus and equipped to the standards expected.

The dimensions of the tug shall be the following:

Length o.a.: 28 – 31 m

Beam, moulded: 10-13 m

Depth: 5.50 m

The Vessel shall be designed and equipped aiming at optimising energy consumption, both in operation and when lying in port between operations.

The delivery of the Vessel at Port of Aarhus shall be no later than 16 months from signing of the contract. If it is possible to deliver before 16 months, it will be weighted positive in the evaluation, see further details in the tender documents.

The Vessel shall as a minimum have 60 t bollard pull. If it is possible to deliver a vessel with more bollard pull, it will be weighted positive in the evaluation, see further details in the tender documents.

The Vessel shall operate as a harbor/light seagoing tug, with good maneuverability in and nearby harbor areas.

The shortlisting of candidates invited to tender will be based on an evaluation of which candidates have documented the most relevant deliveries, see Section III.1.3), of the supplies covered by the contract, see the description in Sections II.1.4) and II.2.4).

The evaluation of the most relevant deliveries will be made on the basis of the extent to which the references document experience with delivery of comparable tugs in similar size and complexity, see Section III.1.3).

(i) a fire monitor and pump;

(ii) a service crane; and

(iii) planned maintenance. See the tender material for further information about the options.

As regards Section II.2.7), is should be noted that the duration is expected to be 40 months, since delivery shall be no later than 16 months from signing of the contract and the guarantee period according to the contract is 12 months with an additional 12 months guarantee period.

The candidate must submit the European Single Procurement Document (‘ESPD’) with the following information:

— the candidate's total annual turnover in the 3 latest financial years available,

— EBIT margin (EBIT/Turnover) in the 3 latest financial years

— solvency ratio (equity/total assets) in the 3 latest financial years,

— a letter of intent from a bank or other guarantee provider, stating that the bank/provider can and will issue the refund and performance guarantees as specified in the shipbuilding contract as part of this tender material, in the event that the candidate is awarded the contract,

— a letter of intent from a bank or other guarantee provider stating that the bank/provider holds a minimum longterm rating of: ‘Standard and Poors’ A- (A minus) or ‘Moody’s’ A3.

If the candidate relies on the economic and financial capacity of other entities, the contracting entity may require that the candidate and the entities in question undertake joint and several liability for the performance of the contract.

The ESPD serves as provisional documentation that the candidate fulfils the minimum suitability requirements in respect of economic and financial capacity.

Before the decision to award the contract is made, the tenderer to whom the contracting entity intends to award the contract must submit documentation that the information stated in the ESPD is accurate.

Upon the contracting entity's request, the following documentation of economic and financial capacity must be submitted:

1) A statement regarding the candidate's total turnover in the 3 most recent annual reports/financial statements available, depending on when the candidate was set up or started trading, if the figures for this turnover are available. For groups of operators (e.g. a consortium), the information in the most recent annual report/financial statement available must be submitted for each participating operator in the group. Where an operator 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 be provided as well;

2) A statement regarding the candidate's EBIT in the 3 most recent annual reports/financial statements available, depending on when the candidate was set up or started trading, if the figures for this turnover are available. For groups of operators (e.g. a consortium), the information in the most recent annual report/financial statement available must be submitted for each participating operator in the group. Where an operator 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 be provided as well;

3) A statement regarding the candidate's solvency ratio in the 3 most recent annual report/financial statement available, depending on when the candidate was established if the solvency ratio figures are available. For groups of operators (e.g. a consortium), the information in the most recent annual report/financial statement available must be submitted for each participating operator in the group. Where an operator relies on the economic and financial capacity of other entities (e.g. a parent company, a sister company or a sub-contractor), information for such other entities must be provided as well;

4) A statement documenting that the bank/provider can and will issue the refund and performance guarantees as specified in the shipbuilding contract as part of this tender material, in the event the candidate is awarded contract;

5) A statement documenting that the bank/provider holds a minimum longterm rating of: ‘Standard and Poors’ A- (A minus) or ‘Moody’s’ A3.

As a minimum requirement, a total annual turnover of at least 4 000 000 EUR is required in each of the 3 latest annual reports/financial statements available. If the candidate relies on the capacities of other entities, the turnover is to be calculated as the total turnover of the candidate and such other entities in each of the 3 latest annual reports/financial statements available. For groups of operators (e.g. a consortium), the turnover is calculated as the total turnover of the operators in each of the 3 latest annual reports/financial statements available. The information is to be stated in Section IV.B) of the ESPD.

As a minimum requirement, an EBIT margin (EBIT/Turnover) is required to be positive in each of the 3 latest annual report/financial statement available. If the candidate relies on the capacities of other entities, the EBIT margin is to be calculated as the total EBIT margin of the candidate and such other entities in each of the 3 latest annual reports/financial statements available. For groups of operators (e.g. a consortium), the EBIT margin is calculated as the total EBIT margin of the operators in each of the 3 latest annual re-ports/financial statements available. The information is to be stated in Section IV.B) of the ESPD.

As a minimum requirement, a solvency ratio is required of at least 20 % in the 3 latest annual report/financial statement available. The solvency ratio is calculated as the candidate’s total equity divided by the candidate’s total assets, calculated as a percentage. The solvency ratio is thus calculated as (total equity/total assets) x 100 = equity to total assets ratio. If the candidate relies on the capacity of other entities, the solvency ratio is calculated as the candidate's and such other entities’ total equity divided by their total as-sets, calculated as a percentage. For groups of operators (e.g. a consortium), the solvency ratio is calculated as the total equity of the operators divided by their total assets, calculated as a percentage. The information is to be stated in Section IV.B) of the ESPD.

As a minimum requirement the candidate is required to have a statement from a bank or other guarantee provider, documenting that the bank/provider can and will issue the refund and performance guarantees as specified in the shipbuilding contract.

As a minimum requirement the candidate is required to have a statement from a bank or other guarantee provider, documenting that the bank/provider holds a minimum longterm rating of: ‘Standard and Poors’ A- (A minus) or ‘Moody’s’ A3.

A list of the 3 most significant comparable supplies similar size and complexity, see Sections II.1.4) and II.2.4), that the candidate has carried out in the last 3 year(s) before the expiry of the application deadline.

‘Similar size’ means approximately 80 % to 120 % in length compared to the described tug

‘Similar complexity’ means a tug built according to similar rules, with azimuth stern drive system.

Only references relating to supplies carried out at the time of application will be given importance in the evaluation of which candidates have documented the most relevant deliveries, see Section II.2.9) and in the evaluation of whether the minimum requirements in respect of technical and professional capacity have been complied with, see below. Hence, in the case of an ongoing task, only the part of the supplies already performed at the time of application will be included in the evaluation of the reference.

Each reference is requested to include a brief description of the deliveries made. The description of the delivery should include a clear description of the supplies set out in Sections II.1.4) and II.2.4) to which the delivery related and the candidate's role(s) in the performance of the delivery.

Each reference is furthermore requested to include:

— Vessel name (current),

— year of build,

— recipient, name and country,

— classification society and notation,

— delivery date,

— length x breadth x depth,

— type of vessel,

— propulsion system and configuration,

— propulsion power and bollard pull,

­ Alternative propulsion, hybrid or else if applicable,

— general arrangement plan,

— main switchboard,

— makers list.

­ Photographs showing:

— arrangement of wheelhouse with steering consoles, controls and view forward and aft,

— mess rooms and cabins,

— forward- and aft decks with towing winches,

— engine rooms, including pipes with marking and flow- indicating arrows,

— switchboards, from outside and with open front panels, showing cable marking details,

— cable trays in engine room/below deckhead, showing cable layup and marking,

— engine- and generator foundations.

No more than 3 references may be stated, irrespective of whether the candidate is a single operator, whether the candidate relies on the technical capacities of other entities, or whether the candidate is a group of operators (e.g. a consortium).

The ESPD serves as provisional documentation that the candidate fulfils the minimum suitability requirements in respect of technical and professional ability, see Section III.1.3) and the candidate's compliance with the selection criterion, see Section II.2.9).

Before the decision to award the contract is made, the tenderer to whom the contracting entity intends to award the contract must submit documentation that the information stated in the ESPD is accurate.

No additional documentation of technical and professional capacity will be required from the candidate. However, the contracting entity reserves the right to contact the candidate or the customer stated in the reference for confirmation of the information stated in the reference, including the dates of the reference indicated.

At least one (1) similar reference (similar size and complexity), see Sections II.1.4) and II.2.4), that the candidate has carried out in the last 3 year(s) before the expiry of the application deadline.

Financing conditions and payment arrangements will be stated in the tender documents.

No specific legal form is required.

If the order is awarded to a group of economic operators (e.g. a consortium), each participant of the group must assume joint and several liability and appoint a joint representative.

The contract has incorporated the Ten Principle of the UN Global compact.

Participation in the tendering procedure may only take place by electronic means via the electronic tendering system used by the contracting entity, see the address set out in Section I.3). For access to the tender documents, the candidate must be registered or register as a user.

If the application contains several versions of the same document, the latest uploaded version will apply.

All communication in connection with the tender procedure, including questions and answers, must take place through the electronic tendering system. The contracting entity would prefer that questions regarding prequalification are submitted within 7.11.2019.

Interested operators are requested to keep updated via the electronic tendering system. If the candidate encounters problems with the system, please contact support by e-mail: dksupport@eu-supply.com, or tel. (+45) 70 20 80 14.

The candidate must submit as its application an ESPD as preliminary documentation of the circumstances set out in Section 148(1), paras (1)-(3) of the Danish Public Procurement Act, cf. Section 11 of Ministerial Order on procurement by entities operating in the water, energy, transport and postal services sectors. The ESPD is available via the electronic tendering system. For groups of operators (e.g. a consortium), a separate ESPD must be submitted for each participating economic operator. If the candidate relies on the capacity of other entities, an ESPD must be submitted for each of the entities on which the candidate relies.

The candidate must furthermore submit the letter of intent regarding the guarantees (template is included in the tender document) and the letter of intent regarding ‘Standard and Poors’ A- (A minus) or ‘Moody’s’ A3, cf. Section III.1.2).

The candidate will be excluded from participation in the tendering procedure if the candidate is subject to the compulsory grounds for exclusion set out in Sections 135 and 136 of the Danish Public Procurement Act [and the grounds for exclusion set out in Section 137(1), para. 2, cf. Section 10(1), para. (1) of Ministerial Order on procurement by entities operating in the water, energy, transport and postal services sectors, unless the candidate has submitted sufficient documentation for its reliability in accordance with Section 138 of the Danish Public Procurement Act, cf. Section 10(1), para. (2) of the Danish Implementing Order (implementeringsbekendtgørelsen).

The voluntary grounds for exclusion are applied in compliance with the principle of proportionality. Hence, trivial matters cannot result in the exclusion of the candidate. Several matters which, individually, are trivial in nature may, however, give rise to exclusion of the candidate.

Before the decision to award the contract is made, the tenderer to whom the contracting entity intends to award the contract must provide documentation of the information submitted in the ESPD pursuant to Sections 151 and 152(3), cf. Section 11 of the Danish Implementing Order (implementeringsbekendtgørelsen).

In the event of changes to the composition of the tenderer, the provisions of Section 147 of the Danish Public Procurement Act will apply in their entirety.

Additional information:

As regards Section II.2.6), it should be noted that the amount is an estimate of the expected contract price for the entire duration of the contract, including the price of all options.

As regards Section II.2.9) it should be noted that each candidate may only submit one application for pre-qualification.

The contracting entity may ask the candidate to supplement, specify or complete the application pursuant to Article 76, para. (4) of the Utilities Directive if the application or tender does not meet the formal requirements of the tender documents.

The contracting entity reserves the right to award the contract on the basis of the initial tender.

Internet address: https://klfu.naevneneshus.dk/

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.

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 entity has published a notice in the Official Journal of the European Union that the contracting entity 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 entity 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 entity entered into a framework agreement calculated from the day after the day when the contracting entity notified the candidates and tenderers concerned, see Section 2(2) of the 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 entity 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 within the standstill period, the complainant must furthermore indicate whether a suspensory effect of the complaint has been requested, see Section 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 https://naevneneshus.dk/start-din-klage/klagenaevnet-for-udbud/

Internet address: http://www.kfst.dk