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Products & Services -> OJEU
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Operis OJEU Newsletter Service This service is free and is available to anyone who registers on our OJEU subscription page or calls us to register. The information in this newsletter is drawn from the Official Journal of the European Union. IMPORTANT LEGAL INFORMATION The information contained in this message is confidential and intended for the addressee only. Any unauthorised use, dissemination or copying of the information contained in the message is prohibited. While Operis Group plc has used its reasonable endeavours to ensure that the information contained in this message is accurate, up to date and complete, it accepts no liability to the addressee or to any other person for any errors, inaccuracies or omissions contained in the message. While Operis has taken reasonable steps to ensure that this message (and any attachments or hyperlinks contained within it) are virus free it is the responsibility of the addressee to ensure they are virus free and Operis accepts no responsibility for any loss or damage caused by receipt or use thereof. PROJECT
TITLE: IRL-Clonmel: waste-treatment plant construction work Project number: 2009/S 209-300270 SECTION I: CONTRACTING
AUTHORITY I.1) NAME, ADDRESSES AND
CONTACT POINT(S): Internet address(es): General address of the
contracting authority: http:/ www.southtippcoco.ie. Address of the buyer
profile: http://www.etenders.gov.ie/notice/AuthProfile.aspx?ID=AA02069. Further information can
be obtained at: South Tipperary County Council, Aras an Chontae, Co Specifications and
additional documents (including documents for competitive dialogue and a
dynamic purchasing system) can be obtained at: South Tipperary County
Council, Aras an Chontae, Co. Tenders or requests to
participate must be sent to: I.2) TYPE OF THE CONTRACTING
AUTHORITY AND MAIN ACTIVITY OR ACTIVITIES: Regional or local
authority. General public services.
Environment. The contracting
authority is purchasing on behalf of other contracting authorities: yes. SECTION II: OBJECT OF
THE CONTRACT II.1) DESCRIPTION II.1.1) Title attributed to the
contract by the contracting authority: Integrated Waste
Management Works and Ancillary Services for the South East II.1.2) Type of contract and
location of works, place of delivery or of performance: Works. Realisation, by whatever
means of work, corresponding to the requirements specified by the contracting
authorities. Main site or location of
works: NUTS code: IE024 . II.1.3) The notice involves: A public contract. II.1.4) Information on framework
agreement: II.1.5) Short description of the
contract or purchase(s): The contracting
authority intends to award a long-term DBFO-type contract for the provision
of integrated waste management works and ancillary services for the South
East Region, including the provision of waste management infrastructure. Further details on the
project are contained in the Project Information Memorandum (and the
Pre-qualification Questionnaire appended thereto), which is attached to this
notice on the Irish Government procurement website ( www.etenders.gov.ie) and
will be contained in the Invitation to Participate in Dialogue to be issued
to the shortlisted Candidates. Note: To register your
interest in this notice and obtain any additional information please visit
the eTenders Web Site at
http://www.etenders.gov.ie/Search/Search_Switch.aspx?ID=50894. II.1.6) Common procurement
vocabulary (CPV): 45222100, 45222110,
45232470, 45252300, 45253800, 77120000, 42320000, 51135110, 90500000, 90511000,
90512000, 90513000, 90513100, 90513200, 90513300, 90514000, 44622000,
90530000, 90000000. II.1.7) Contract covered by the
Government Procurement Agreement (GPA): Yes. II.1.8) Division into lots: No. II.1.9) Variants will be
accepted: Yes. II.2) QUANTITY OR SCOPE OF THE
CONTRACT II.2.1) Total quantity or scope: The contract is expected
to comprise the management of up to 195 000 tonnes of municipal waste (as
defined in the Waste Management Act 1996) per annum (this tonnage is for
guidance, it may fluctuate and in any event is not warranted by the
Contracting Authority) and include waste transfer, recyclate handling,
materials reclamation, composting, waste to energy and other activities. The contract may
include, but is not limited to: (i) the take-over of
existing facilities; (ii) the provision
(including the design, build, finance and operation) of New facilities, possibly
including a waste to energy facility of a nominal 150 000 tonnes per annum
capacity; and. (iii) the management,
operation and, if necessary, decommissioning of the facilities covered by the
contract. As an alternative to the
provision of a new facility, consideration will be given to the procurement
of a services contract for the treatment of a nominal quantity of 150 000 tonne
per annum of residual waste in a waste to energy facility whereby the
residual waste would be collected from transfer stations and treated in a
third party thermal treatment facility. The scope of the
contract best suited to the Contracting Authority's requirements will be
explored and determined during the Competitive Dialogue process. As a matter
of flexibility, the Contracting Authority may wish to include or remove from
the procurement some facilities or services. Estimated value
excluding VAT: Range: between 160 000
000 and 190 000 000 EUR. II.2.2) Options: No. II.3) DURATION OF THE CONTRACT
OR TIME-LIMIT FOR COMPLETION: Duration in months: 276
(from the award of the contract). SECTION III: LEGAL,
ECONOMIC, FINANCIAL AND TECHNICAL INFORMATION III.1) CONDITIONS RELATING TO
THE CONTRACT III.1.1) Deposits and guarantees
required: III.1.2) Main financing
conditions and payment arrangements and/or reference to the relevant
provisions regulating them: Public Private
Partnership comprising Design, Build, Finance and Operate as set out in the
Project Information Memorandum. It is envisaged that payment will be mainly
from charges on a per tonne basis to public and private users of the
facilities through the life of the contract. Payment mechanisms will be
developed as part of the competitive dialogue. The Contracting Authority
reserves the right to consider alternative funding and to require a funding
competition. Details will be contained in the Invitation to Participate in
Dialogue to be issued to shortlisted Candidates. III.1.3) Legal form to be taken
by the group of economic operators to whom the contract is to be awarded: Applicants are not
required to assume a particular legal form at this stage in the competition.
A group will not be required to convert into a specific legal form in order
to submit a pre-qualification submission, but will be required to form a
special purpose company prior to entering into any contract, which may be
awarded. Further details are contained in the Project Information Memorandum
(and the Pre-qualification Questionnaire appended thereto) attached to this
notice on the Irish Government procurement website ( www.etenders.gov.ie). III.1.4) Other particular
conditions to which the performance of the contract is subject: Yes. Further details are
contained in the Project Information Memorandum attached to this notice on
the Irish Government procurement website ( www.etenders.gov.ie) and will be
contained in the Invitation to Participate in Dialogue to be issued to the
shortlisted Candidates. III.2) CONDITIONS FOR
PARTICIPATION III.2.1) Personal situation of
economic operators, including requirements relating to enrolment on
professional or trade registers: Information and
formalities necessary for evaluating if requirements are met: (1) All
Applicants will be required to produce a declaration of bonafides under
Article 45 of Directive 2004/18/EEC as transposed into Irish law by the EC
(Award of Public Authorities’ Contract) Regulations 2006 (S.I. No.329
of 2006). This deals with issues such as bankruptcy, professional conduct,
social security, taxation and misrepresentation. Applicants to whom any of
the circumstances listed in Article 45 (1) apply will be excluded from this
competition and may be excluded in respect of any circumstance listed in
Article 45 (2). (2) All Applicants will
be required to produce a certificate or declaration demonstrating that they
have fulfilled obligations relating to the payment of taxes under the law of
the relevant State in which the economic operator is established. In the case
of a group the above requirements will apply to each member of the Applicant.
Further details are
contained in the Project Information Memorandum (and the Pre-qualification
Questionnaire appended thereto), which is attached to this notice on the
Irish Government procurement website ( www.etenders.gov.ie). III.2.2) Economic and financial
capacity: Information and
formalities necessary for evaluating if requirements are met: Article 47 of
the Directive 2004/18/EEC (as transposed into Irish law by S.I. No. 329 of
2006) applies with respect to the Applicants' economic and financial
standing. The financial and economic thresholds, as measured in terms of
annual turnover and as identified in the Project Information Memorandum, are
as follows: — the combined
turnover of the members having an equity interest in the Applicant must equal
or exceed Euro 150 million in each of the previous three financial years. If
the Applicant or any Equity Provider in the Applicant is a subsidiary of
another company, then the financial information of the ultimate holding
company may be relied upon, — the combined
turnover of the Applicant Members identified as being responsible for the
delivery of process design services, construction services, thermal
technology to the Thermal Treatment facility, Biowaste treatment technology
and any materials technology must equal or exceed Euro 150 million in each of
the previous three financial years, — the turnover of
the Applicant Member(s) identified as being responsible for the provision of
the thermal treatment technology (incinerator, steam boiler, electrical,
turbine, flue gas treatment system and automation systems) must equal or
exceed Euro 75 million in average over the previous three financial years;
and, — the turnover of
the Applicant Member(s) identified as being responsible for the operation of
the Thermal Treatment facility in the Thermal Treatment sector must equal or
exceed Euro 125 million in aggregate for the previous three financial years. The minimum level of
insurance required for public liability and employers liability is Euro 20
million. The minimum level of insurance required for professional indemnity
is Euro 6.5 million. Further details are
contained in the Project Information Memorandum and Pre-qualification
Questionnaire attached to this notice on the Irish Government procurement
website ( www.etenders.gov.ie). III.2.3) Technical capacity: Information and
formalities necessary for evaluating if requirements are met: Article 48, 49, 50 &
51 of the Directive 2004/18/EEC (as transposed into Irish Law by S.I. No. 329
of 2006) applies with regard to the technical and professional ability of
Applicants. The successful Applicant
(in the event of the contract being awarded) will be responsible for locating
a suitable site for the thermal treatment facility and for obtaining all
necessary planning permissions, licences, etc. for the use of the site for
the thermal treatment facility. This includes the preparation of all
necessary Reports and Studies required to support the planning application
and other regulatory processes. Alternatively, depending on the outcome of
the Competitive Dialogue process, the successful Applicant (in the event of
the contract being awarded) will be responsible for making available
sufficient thermal treatment capacity. The technical evaluation
of each Applicant will consider the technical capability and experience of
the Applicant and its individual Members, Providers, Operators and Advisors
using a number of quantitative and qualitative factors. In order to be
shortlisted for the Competitive Dialogue stage of this process, Applicants
must achieve a minimum technical score, based on an assessment of their
Pre-qualification Questionnaire. Additional criteria apply for the
short-listing process and further details are contained in the Project
Information Memorandum and Pre-qualification Questionnaire attached to this
notice on the Irish Government procurement website ( www.etenders.gov.ie). III.2.4) Reserved contracts: III.3) CONDITIONS SPECIFIC TO
SERVICES CONTRACTS III.3.1) Execution of the service
is reserved to a particular profession: III.3.2) Legal entities should
indicate the names and professional qualifications of the staff responsible
for the execution of the service: SECTION IV: PROCEDURE IV.1) TYPE OF PROCEDURE IV.1.1) Type of procedure: Competitive dialogue. IV.1.2) Limitations on the
number of operators who will be invited to tender or to participate: Envisaged number of
operators 5 Objective criteria for
choosing the limited number of candidates: Competitive evaluation of the
Prequalification Questionnaire Submissions received will be carried out on
the basis of Sections III.2.1, III.2.2 and III.2.3 above. See also Project
Information Memorandum (and Pre-qualification Questionnaire appended thereto)
for further details. IV.1.3) Reduction of the number
of operators during the negotiation or dialogue: Recourse to staged
procedure to gradually reduce the number of solutions to be discussed or
tenders to be negotiated yes. IV.2) AWARD CRITERIA IV.2.1) Award criteria: The most economically
advantageous tender in terms of the criteria stated in the specifications, in
the invitation to tender or to negotiate or in the descriptive document. IV.2.2) An electronic auction
will be used: No. IV.3) ADMINISTRATIVE
INFORMATION IV.3.1) File reference number
attributed by the contracting authority: SERPPP2009. IV.3.2) Previous publication(s)
concerning the same contract: Prior information notice Notice number in OJ: 2009/S
1-000001 of 4.2.2009. IV.3.3) Conditions for obtaining
specifications and additional documents or descriptive document: Time limit for receipt
of requests for documents or for accessing documents: 1.12.2009. IV.3.4) Time-limit for receipt
of tenders or requests to participate: 16.12.2009 - 16:00. IV.3.5) Date of dispatch of
invitations to tender or to participate to selected candidates: 29.3.2010. IV.3.6) Language(s) in which
tenders or requests to participate may be drawn up: English. IV.3.7) Minimum time frame
during which the tenderer must maintain the tender: IV.3.8) Conditions for opening
tenders: SECTION VI:
COMPLEMENTARY INFORMATION VI.1) THIS IS A RECURRENT
PROCUREMENT: VI.2) CONTRACT RELATED TO A
PROJECT AND/OR PROGRAMME FINANCED BY EU FUNDS: VI.3) ADDITIONAL INFORMATION: (1) The Contracting
Authority proposes using the competitive dialogue process in accordance with
provision of Public Procurement Directive 2004/18/EC (as transposed into
Irish law by S.I. No. 329 of 2006). In this stage, requests to participate
are invited from suitably qualified service providers. Further details are
contained in the Project Information Memorandum (and the Pre-qualification
Questionnaire appended thereto), which is attached to this Notice on the
Irish Government procurement website ( www.etenders.gov.ie). (2) Applicants should
note that the Contracting Authority is subject to the Freedom of Information
Acts 1997-2003. Applicants shall state if any of (and the reasons why) the
information supplied by them in response to this notice is confidential or
commercially sensitive or should not be disclosed in respect of a request for
information under the Freedom of Information Acts and shall state the reason
for such a belief. (3) Successful
tenderer(s) will be required to comply with the tax clearance procedures set
out in the tender documentation. (4) All costs incurred
by Applicants in preparing submissions must be borne by them. The Contracting
Authority accepts no liability for these costs, irrespective of the outcome
of the competition, or if the competition is postponed or cancelled. (5) The Contracting
Authority may terminate this competition (or any part thereof), change the
basis of and the procedures for the bidding process and for related documents
at any time, or procure the project by alternative means if it appears that
the project can thereby be more advantageously procured. The most
economically advantageous or any tender will not necessarily be accepted. (6) Whilst the
information in this Notice has been prepared in good faith, it does not
purport to be a comprehensive review of all matters relevant to the
Contracting Authority’s requirements and neither the Contracting
Authority nor its advisors will accept any liability or responsibility for its
adequacy, accuracy or completeness nor do they make any representation,
warranty or undertaking ,express or implied, with respect to the information
contained in this Notice or further information supplied in connection with
the Contract. No person has been authorised by the Contracting Authority, its
advisors or consultants, to give any information or to make any
representation not contained in this Notice, and, if given or made, any such
information or representation shall not be relied upon as having been so
authorised. (7) Applicants must
complete and submit their Pre-qualification Questionnaire in accordance with
the formalities set out in the Project Information Memorandum by the closing
date for submissions. (8) Please note that all
information relating to attachments, including clarifications and changes,
will be published on the Irish Government Procurement Opportunities portal (
www.etenders.gov.ie) only. The Contracting Authority does not accept
responsibility for information relayed or not relayed via a third party. (9) By participating in
this tender process, Applicants acknowledge that there does not exist any
contractual or quasi contractual relationship between the Contracting
Authority and any Applicant prior to the execution of a formal contract. The
Contracting Authority will not accept responsibility for responses that are
lost or damaged in the post. The Purchasing Authority
is acting on behalf of the following organisations: Carlow County Council,
Kilkenny County Council, South Tipperary County Council, Waterford City
Council, Waterford County Council, Wexford County Council. (ET Ref:50894). VI.4) PROCEDURES FOR APPEAL VI.4.1) Body responsible for
appeal procedures: High Court of Ireland,
Four Courts, IRL-Dublin 1. E-mail: highcourtcentraloffice@court.ie. Tel. +353 18886000. URL: www.court.ie.
Fax +353 18886125. VI.4.2) Lodging of appeals: Precise information on
deadline(s) for lodging appeals: An application for review of the award or
the decision to award a public contract shall be made at the earliest
opportunity and in any event within three months from the date when grounds
for the application first arose unless the Court considers there is good
reason for extending such a period. VI.4.3) Service from which
information about the lodging of appeals may be obtained: High Court of Ireland,
Four Courts, IRL-Dublin 1. E-mail: highcourtcentraloffice@court.ie. Tel. +353 18886000. URL: www.court.ie.
Fax +353 18886125. VI.5) DATE OF DISPATCH OF THIS NOTICE: 27.10.2009. |
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