1/ 10 TED24_ 21/11/2014- ID:2014-000776 Standard form 2 - EN CONTRACT NOTICE - ABOVE THRESHOLD SECTION I: CONTRACTING AUTHORITY I.1) NAME, ADDRESSES AND CONTACT POINT(S) Official name: Larnaca Sewerage and Drainage Board National ID: Postal address: P.O. Box 40620 Town: Larnaca Postal code: 6306 Country: Cyprus Contact point(s): Larnaca Sewerage and Drainage Board Telephone: +357 24815222 For the attention of: Mrs Ero Andreou Email: ero.andreou@lsdb.org.cy Fax: +357 24638838 Internet address(es) (if applicable) General address of the contracting authority (URL): http://www.lsdb.org.cy Address of the buyer profile (URL): http://www.eprocurement.gov.cy Electronic access to information (URL): http://www.eprocurement.gov.cy Electronic submission of tenders and requests to participate (URL): http://www.eprocurement.gov.cy Further information can be obtained at: As in above-mentioned contact point(s) Other: please complete Annex A.I Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained at: As in above-mentioned contact point(s) Other: please complete Annex A.II Tenders or requests to participate must be sent to: As in above-mentioned contact point(s) Other: please complete Annex A.III I.2) TYPE OF THE CONTRACTING AUTHORITY AND MAIN ACTIVITY OR ACTIVITIES Ministry or any other national or federal authority, including their regional or local subdivisions National or federal agency/office Regional or local authority Regional or local agency/office Body governed by public law European institution/agency or international organisation General public services Defence Public order and safety Environment Ecomic and financial affairs Health Housing and community amenities
2/ 10 TED24_ 21/11/2014- ID:2014-000776 Standard form 2 - EN Other (please specify): Social protection Recreation, culture and religion Education Other (please specify): Construction of the sewerage and drainage system I.4) Contract award on behalf of other contracting authorities The contracting authority is purchasing on behalf of other contracting authorities: (If, information on those contracting authorities can be provided in Annex A) SECTION II: OBJECT OF THE CONTRACT II.1) DESCRIPTION II.1.1) Title attributed to the contract by the contracting authority II.1.2) Type of contract and location of works, place of delivery or of performance (Choose one category only - works, supplies or services - which corresponds most to the specific object of your contract or purchase(s)) (a) Works (b) Supplies (c) Services Execution Design and execution Realisation, by whatever means of work, corresponding to the requirements specified by the contracting authorities Purchase Lease Rental Hire purchase A combination of these Service category No (For service categories 1-27, please see Annex II of Directive 2004/18/EC) Main site or location of works Main place of delivery Main place of performance NUTS code CY000 II.1.3) The tice involves A public contract The establishment of a framework agreement The setting up of a dynamic purchasing system (DPS) II.1.4) Information on framework agreement (if applicable) Framework agreement with several operators Number OR, if applicable,maximum number of participants to the framework agreement envisaged Framework agreement with a single operator Duration of the framework agreement: Duration in year(s): or month(s):
3/ 10 TED24_ 21/11/2014- ID:2014-000776 Standard form 2 - EN Justification for a framework agreement, the duration of which exceeds four years: Estimated total value of purchases for the entire duration of the framework agreement (if applicable; give figures only): Estimated value excluding VAT: Currency: OR Range: between and Currency: Frequency and value of the contracts to be awarded: (if kwn): II.1.5) Short description of the contract or purchase(s) Execution of Contract C18 of Phase B of the Sewerage and Drainage Systems in the Larnaca area comprising 27km of gravity sewers, one (1) sewage pumping station and one (1) combination sewage and drainage pumping station. II.1.6) Common procurement vocabulary (CPV) Main vocabulary Supplementary vocabulary (if applicable) Main object 45000000 Additional object(s) 45200000 II.1.7) Contract covered by the Government Procurement Agreement (GPA) II.1.8) Division into lots (for information about lots, use Annex B as many times as there are lots) If, tenders should be submitted for (tick one box only) one lot only one or more lots all lots II.1.9) Variants will be accepted II.2) QUANTITY OR SCOPE OF THE CONTRACT II.2.1) Total quantity or scope (including all lots and options, if applicable) If applicable, estimated value excluding VAT (give figures only): 7500000.00 Currency: EUR OR Range: between and Currency: II.2.2) Options (if applicable) If, description of these options: If kwn, provisional timetable for recourse to these options: in months: or days: (from the award of the contract) II.2.3)Information about renewals (if applicable) This contract is subject to renewal
4/ 10 TED24_ 21/11/2014- ID:2014-000776 Standard form 2 - EN Number of possible renewals (if any): or Range: between and II.3) DURATION OF THE CONTRACT OR TIME-LIMIT FOR COMPLETION Duration in months: 17 or days: (from the award of the contract) OR Starting Completion (dd/mm/yyyy) (dd/mm/yyyy) SECTION III: LEGAL, ECONOMIC, FINANCIAL AND TECHNICAL INFORMATION III.1) CONDITIONS RELATING TO THE CONTRACT III.1.1) Deposits and guarantees required (if applicable) III.1.2) Main financing conditions and payment arrangements and/or reference to the relevant provisions regulating them III.1.3) Legal form to be taken by the group of ecomic operators to whom the contract is to be awarded (if applicable) III.1.4) Other particular conditions to which the performance of the contract is subject (if applicable) If, description of particular conditions III.2) CONDITIONS FOR PARTICIPATION III.2.1) Personal situation of ecomic operators, including requirements relating to enrolment on professional or trade registers Information and formalities necessary for evaluating if requirements are met: 1. Eligible for participation in the present tender procedure are natural or legal persons (governed by public or private law) or joint ventures of natural and/or legal persons lawfully established in Cyprus or in any other Member State of the European Union (EU) or of the European Ecomic Area (EEA) or in third countries who have signed and ratified the International Government Procurement Agreement (GPA) or have signed and ratified association agreements or bilateral agreement with the EU or with the Republic of Cyprus, and who have paid the price for buying the Tender Documents. It is understood that the EEA is defined by the Agreement on the European Ecomic Area signed at Oporto on 2 May 1992, as this Agreement may be amended from time to time. 2. The requirements of the previous paragraph also apply to every subcontractor or supplier which the Tender proposes for undertaking the execution or supply, as the case may be, of a percentage of the Project in excess of 10% of the Tender Amount. 3. Interested Ecomic Operators may submit Tenders as a joint venture. In the case of a joint venture all parties shall be jointly and severally liable. Joint ventures are t obliged to take a specific legal form in order to submit their Tenders. If the selected Contractor is a joint venture, then such joint venture shall be obliged, before the Contract is signed, to take the legal form of a Company or Partnership. The legal form should clearly identify the lead partner. 4. Every natural or legal person may participate in the tender procedure either individually or in one joint venture only. A violation of this term shall result in the rejection of all Tenders in which such person participates. 5. In order to be eligible for participation in the tender procedure, a natural or legal person or at least one partner of a joint venture of natural and/or legal persons should meet the following minimum requirements: 5.1 In the case of natural or legal persons, they: a. must hold a Class A annual licence in civil engineering category of works, renewed for the current year, issued pursuant to the Cyprus Registration and Control of Buildings and Civil Engineering Constructors Law, where the terms Category and
5/ 10 TED24_ 21/11/2014- ID:2014-000776 Standard form 2 - EN Class have the meaning ascribed to them by the Registration and Control of Buildings and Civil Engineering Constructors Law of the Republic of Cyprus, or b. be enrolled on a professional register in their country of origin, if such registers are kept, and must satisfy the conditions required for obtaining the annual licence mentioned in sub-paragraph 3.3.5.1(a) above. For Member States of the European Union, the professional registers are specified in Annex VIIIA to Law 12(I)/2006 (Article 46 of Directive 2004/18/EC). 5.2 In the case of joint ventures of natural and/or legal persons the requirements of sub-paragraph 3.3.5.1 above must be met by at least one partner of the joint venture. In this case, the Contract shall be concluded in accordance with the provisions of the Registration and Control of Buildings and Civil Engineering Constructors Law. Copies of the Interested Ecomic Operator s current annual licence issued by the Council of Registration and Control of Buildings and Civil Engineering Constructors in Cyprus or alternatively of the certificate of enrolment on the professional register of the Interested Ecomic Operator s country of origin must be submitted. 6. To participate in the tender procedure, Interested Ecomic Operators shall certify by a Solemn Declaration (in the format given in Annex 6) signed by their Representative, that they meet the following requirements concerning their personal situation: a. They must t have been convicted by final judgement for participation in a criminal organisation [as defined in Article 2(1) of Council Joint Action 98/733/JHA], corruption [as defined in Article 3 of the Council Act of 26 May 1997 and Article 3(1) of Council Joint Action 98/742/JHA, respectively], fraud [within the meaning of Article 1 of the Convention relating to the protection of the financial interests of the European Communities] or money laundering [as defined in Article 1 of Council Directive 91/308/EEC of 10 June 1991 on prevention of the use of the financial system for the purpose of money laundering, as amended by Directive 2001/97/EC of the European Parliament and of the Council]. b. They must t be bankrupt or in the process of being wound up, have their affairs administered by the court, have entered into an arrangement with creditors, have suspended business activities or be in any analogous situation arising from a similar procedure under national laws and regulations. c. They must t be the subject of proceedings for a declaration of bankruptcy, for an order for compulsory winding up or administration by the court or of an arrangement with creditors or of any other similar proceedings under national laws and regulations. d. They must t have been convicted of any offence concerning their professional conduct, including any offence related to undeclared or illicit employment of personnel within the last three (3) years, by a judgment which has the force of res judicata. e. They must t have been found guilty of grave professional misconduct, including any offence relating to violation of the decree to the minimum salary within the last three (3) years, proven by any means which the Contracting Authority can demonstrate. f. They must have fulfilled their obligations relating to the payment of social security contributions and their obligations relating to the payment of taxes and duties as at the closing date for the submission of Tenders, in accordance with the legal provisions of the Republic of Cyprus or with those of the country where they are established. g. They must t employ or be exploiting mirs under the age of 15, in violation of articles 138 and 182 of the International Labour Convention. h. They must t be affected or be likely to be affected by any conflict of interest in the present tender procedure or have any special relationship with other Tenderers or parties involved in the Contract. i. They have t unduly refused to sign a public contract awarded to them during the previous two (2) years starting from the date for submission of Tenders; j. They have t been found guilty for any of the offences referred to in Section 85 of the Law. k. They must t have been found guilty of serious misrepresentation in supplying the information required above and have t failed to supply such information. 7. It is understood that in the case of a joint venture of natural or/and legal persons, all the requirements listed in paragraph 3.3.6 above for participation in the process shall apply to all partners in the joint venture and if one of the partners fails to meet any one of these requirements, then the Tender submitted by the joint venture shall be excluded from the Tender procedure and shall t be evaluated. 8. To prove that the requirements of Paragraph 3.3.8 are met, a Tenderer may, where appropriate, rely on the capacities of other entities regardless of the legal nature of the links which he has with them. In such a case the Tenderer must be able to prove to the Contracting Authority that such entities have available the resources necessary and that he shall have at his disposal the resources necessary for executing the Contract, for example by producing an undertaking on the part of those entities to place those resources at his disposal. Such entities must meet the participation requirements of paragraph 3.3.6. 9. Interested Ecomic Operators should be certified in accordance with the CYS EN ISO 9000 series of Cyprus standards, by a recognised Institute or Organisation, for the execution of Projects similar to the one put out to tender, or hold some other equivalent certification issued by Organisations established in Member States of the European Union, or other proof of the existence of equivalent quality assurance measures for the Projects they execute. If the Interested Ecomic Operator is a joint venture, the above requirement must be met by all members of the joint venture.
6/ 10 TED24_ 21/11/2014- ID:2014-000776 Standard form 2 - EN 10. Tenderers planning to subcontract any parts of the Works shall specify the activity or parts of the Works to be subcontracted and clearly identify such activities and the proposed Subcontractors in Annex 10. The total value of the subcontracted part of a Contract must t exceed 30% of the Tender Amount and the Subcontractor must t subcontract further. 11. A company may participate as subcontractor in more than one Tender. III.2.2) Ecomic and financial capacity Information and formalities necessary for evaluating if requirements are met: (i). Their average current ratio for the last three years should be at least equal to 1,1; (ii). Their average interest cover ratio for the last three years should be at least equal to 2,0; (iii). Their annual average overall turver for the last three years should be at least equal to 10 million (ten million Euro) calculated as total certified payments received for contracts in progress or completed, within the last three (3) years. If the Interested Ecomic Operator is a joint venture, it is sufficient for the above requirements to be met cumulatively by the joint venture members, with the exception of requirements (i) and (ii) of the Ecomic and Financial Standing, where the ratios to be taken into account shall be those of the joint venture partner who is the most robust financially (i.e. the partner who satisfies the criteria set for both ratios). Where a Tenderer meets requirement (iii) of the Ecomic and Financial Standing, but does t meet requirements (i) and (ii), such Tenderer shall t be excluded from the evaluation procedure. The Tenderer s Tender shall be evaluated as per usual and, if appointed successful Tenderer, the Tenderer shall be invited to submit, together with the Performance Security, a Working Capital Guarantee, in the format given in Volume II of the Tender documents. If the successful Tenderer fails to submit the said Guarantee, then he shall be declared in default and the Tender Security shall be forfeited. The amount of Working Capital for which a Working Capital Guarantee is required shall amount to 1.000.000 (One million Euro). Minimum level(s) of standards possibly required (if applicable): III.2.3) Technical capacity Information and formalities necessary for evaluating if requirements are met: Interested Ecomic Operators must have experience as the main contractor or leading joint venture partner in construction contracts in the role of contractor for at least the last five (5) years prior to the deadline for the submission of Tenders indicated in Paragraph 2.20, and with activity in at least nine (9) months in each year. Furthermore, Tenderers must have participated as the main contractor, sub-contractor or joint venture partner in the following: (i). At least two contracts similar to the proposed works, each including at least 10 km of gravity sewerage and/or drainage networks, and including pressure mains. Alternatively, one contract similar to the proposed works, including at Minimum level(s) of standards possibly required (if applicable):
7/ 10 TED24_ 21/11/2014- ID:2014-000776 Standard form 2 - EN least 20 km of gravity and/or drainage networks, and including pressure mains. All contracts must have been successfully completed within the last five (5) years. The term completed shall mean that the implementation of the respective works contract is at least 80% complete. and (ii). The civil works of at least one sewage and/or drainage pumping station or water retaining structure (eg. basement) similar to the proposed works. All contracts must have been successfully completed within the last five (5) years. The term completed shall mean that the implementation of the respective works contract is at least 80% complete. The similarity to the proposed works shall be based on the nature of the works i.e. sewerage, drainage, physical size, complexity, methods/techlogy or other characteristics as described in Volumes IIIA and IIIB, the Particular Requirements and Technical Specifications respectively, of the Tender documents. Where the Tenderer has participated in a works contract as a joint venture partner, his share of the work undertaken shall meet the requirements of (i) and (ii) above. A copy of the taking-over certificate or a stamped and signed letter of reference from the Employer or the Engineer to that project, confirming the participation of the Tenderer in projects similar to the proposed works, the start and end dates, the nature and extent of the work and the value of the works undertaken must be attached (Form 9.3 in Annex 9). Furthermore, the Tenderer must employ for the execution of the Contract suitably qualified personnel for the positions presented on the table below. Each of them should meet the experience requirements specified. Project Manager 15 years total experience, 6 years experience in similar works Project (Civil) Engineer 8 years total experience, 4 years experience in similar works Measurement Engineer 5 years total experience, 2 years experience in similar works Topographical Surveyor 5 years total experience The Employer reserves the right to conduct any search through an independent body, authority or organisation, specialising in company search and assessment, for the substantiation of any information provided by the Tenderer. III.2.4) Information about reserved contracts (if applicable) The contract is restricted to sheltered workshops The execution of the contract is restricted to the framework of sheltered employment programmes SECTION IV: PROCEDURE IV.1) TYPE OF PROCEDURE IV.1.1) Type of procedure Open Restricted
8/ 10 TED24_ 21/11/2014- ID:2014-000776 Standard form 2 - EN Accelerated restricted Negotiated Justification for the choice of accelerated procedure: Candidates have already been selected If, provide names and addresses of ecomic operators already selected under Section VI.3) Additional information Accelerated negotiated Justification for the choice of accelerated procedure: Competitive dialogue IV.2) AWARD CRITERIA IV.2.1) Award criteria (please tick the relevant box(es)) OR Lowest price The most ecomically advantageous tender in terms of the criteria stated below (the award criteria should be given with their weighting or in descending order of importance where weighting is t possible for demonstrable reasons) the criteria stated in the specifications, in the invitation to tender or to negotiate or in the descriptive document Criteria Weighting Criteria Weighting 1. 6. 2. 7. 3. 8. 4. 9. 5. 10. IV.2.2) An electronic auction will be used If, additional information about electronic auction (if appropriate) IV.3) ADMINISTRATIVE INFORMATION IV.3.1) File reference number attributed by the contracting authority (if applicable) 10.14.148 IV.3.2) Previous publication(s) concerning the same contract If, Prior information tice Notice on a buyer profile Notice number in OJ: of (dd/mm/yyyy) Other previous publications (if applicable) IV.3.3) Conditions for obtaining specifications and additional documents (except for a DPS) or descriptive document (in the case of a competitive dialogue)
9/ 10 TED24_ 21/11/2014- ID:2014-000776 Standard form 2 - EN Time limit for receipt of requests for documents or for accessing documents Date: 09/01/2015 (dd/mm/yyyy) Time: 12:00 Payable documents If, price (give figures only): 500.00 Currency: EUR Terms and method of payment: To be deposited in cash or by cheque made payable to the Larnaca Sewerage and Drainage Board. IV.3.4) Time-limit for receipt of tenders or requests to participate Date: 23/01/2015 (dd/mm/yyyy) Time: 12:00 IV.3.6) Language(s) in which tenders or requests to participate may be drawn up Any EU official language Official EU language(s): ES CS DA DE ET EL EN FR IT LV LT HU MT NL PL PT SK SL FI SV BG GA RO Other: IV.3.7) Minimum time frame during which the tenderer must maintain the tender (open procedure) Until: OR Duration in month(s): (dd/mm/yyyy) IV.3.8) Conditions for opening tenders Date: 23/01/2015 (dd/mm/yyyy) Time: OR days: (from the date stated for receipt of tender) Place (if applicable): Larnaca Sewerage and Drainage Board, Conference room, 2nd floor Persons authorised to be present at the opening of tenders (if applicable) Representatives of the Tenderers. The representatives must produce upon their arrival a relevant authorization from the Tenderer or his legal representative. SECTION VI: COMPLEMENTARY INFORMATION VI.1) THIS IS A RECURRENT PROCUREMENT (if applicable) If, estimated timing for further tices to be published: VI.2) CONTRACT RELATED TO A PROJECT AND/OR PROGRAMME FINANCED BY EU FUNDS If, reference to project(s) and/or programme(s): VI.3) ADDITIONAL INFORMATION (if applicable) VI.4) PROCEDURES FOR APPEAL VI.4.1) Body responsible for appeal procedures
10/ 10 TED24_ 21/11/2014- ID:2014-000776 Standard form 2 - EN Official name: Tenders Review Authority National ID: Postal address: 81-83 Griva Digeni Avenue, 2nd Floor, P.O. Box 24820 Town: Nicosia Postal code: 1304 Country: Cyprus Telephone: +357 22445100 Email: tra@aap.gov.cy Fax: +357 22445107 Internet address (URL): http://www.tra.gov.cy Body responsible for mediation procedures (if applicable) Official name: Postal address: Town: Country: Email: Internet address (URL): National ID: Postal code: Telephone: Fax: VI.4.2) Lodging of appeals (please fill heading VI.4.2 OR if need be, heading VI.4.3) Precise information on deadline(s) for lodging appeals: 1. Every interested ecomic operator who has or had an interest in being awarded the Contract and who has sustained or is likely to sustain a loss as a result of an act or decision of the Contracting Authority which precedes the signature of the Contract and for which it is alleged that it violates any provision of the legislation in force, has the right to file a recourse to the Tenders Review Authority in accordance with the provisions of the Law on the Review Procedures concerning the Award of Public Contracts of 2010 (Law 104(I)/2010). 2. To file a recourse to the Tenders Review Authority, the applicant must pay a n-refundable fee which is deposited into the General Government Account. More details are given in the Website of the Tenders Review Authority (www.tra.gov.cy). 3. Regarding the manner and procedure for filing recourses, the manner in which these are examined and the procedure for the issue of the relevant rulings, the provisions of the Law on the Review Procedures concerning the Award of Public Contracts of 2010 (Law 104(I)/2010) shall apply. VI.4.3) Service from which information about the lodging of appeals may be obtained Official name: Tenders Review Authority National ID: Postal address: 81-83 Griva Digeni Avenue, 2nd Floor, P.O. Box 24820 Town: Nicosia Postal code: 1304 Country: Cyprus Telephone: +357 22445100 Email: tra@aap.gov.cy Fax: +357 22445107 Internet address (URL): http://www.tra.gov.cy VI.5) DATE OF DISPATCH OF THIS NOTICE: 21/11/2014 (dd/mm/yyyy)