2 Procedure

2.1 Procedure

Titel: New Sorting Facility

Beskrivelse: This procurement procedure regards a contract for the establishment of a new sorting\n plant for I/S Amager Ressourcecenter (\"ARC\"). The new sorting plant is to be located\n next to ARC's existing Waste-to-Energy facility in Copenhagen, Denmark. The purpose\n of the new sorting plant is to sort residual MSW from source segregated waste from\n households in Copenhagen. The contract includes design and construction of the new\n sorting plant on a turnkey basis. The works included in the contract are described\n more thoroughly in the procurement documents, in particular Part III. ARC has decided\n not to divide the contract regarding the establishment of a new sorting plant into\n lots as ARC consider the content of this contract the optimal solution for ARC’s needs,\n i.a. regarding synergies, interfaces to other contractors and contractor liability.

Identifikator for proceduren: 1c3d334e-13a5-4be6-92f4-a4bfa6a03725

Intern identifikator: 019719-0470

Udbudsprocedure: Udbud med forhandling/indkaldelse af tilbud med forudgående offentliggørelse

Proceduren er en hasteprocedure: nej

Hovedpunkterne i proceduren: The procurement procedure will be carried out as a negotiated procedure with prior\n call for competition pursuant to article 47 of the Utilities Directive. The procurement\n procedure will be carried out in two phases: • The prequalification phase • The tender\n and negotiation phase Only candidates who have been selected by ARC during the prequalification\n phase will be invited to submit an initial tender in the tender phase. ARC intends\n to select five candidates who will be invited to participate in the tender and negotiation\n phase. Based on the initial tenders, ARC will conduct individual negotiations with\n each tenderer in accordance with the guidelines set out in the Tender Conditions.\n Based on the input from the tenderers during the round of negotiations ARC may amend\n one or more of the procurement documents before inviting the tenderers to submit a\n revised or final tender. ARC expects to have one round of negotiations, before inviting\n the tenderers to submit their final tender (Best And Final Offer). However, ARC reserves\n the right to conduct one or more additional rounds of negotiations, if necessary.\n The revised and final tenders are legally binding for six months from the day of the\n deadline for submission of the tender. ARC will award the contract to the most economically\n advantageous tender based on the criteria ‘best price-quality ratio’. ARC invites\n all tenderers to a site visit at Vindmøllevej 6, 2300 København S, Denmark. The site\n visit is expected to take place on 12 September 2024. Further information regarding\n the site visit, including the deadline to sign up, will be included in ARC’s invitation\n to submit the initial tender. Candidates are excluded from participating in the procurement\n procedure if they are subject to one or more of the grounds for exclusion in sections\n 134(a), 135-136 or 137 (1) number 1, 2 or 6 of the Danish Public Procurement Act.\n Furthermore, candidates are excluded from participating in the procurement procedure\n if the candidate (including other participants in an association, consortium or similar)\n is covered by article 5k of Regulation (EU) No 833/2014. To document that the tenderer\n is not subject to grounds for exclusion stipulated in sections 135-137(1) number 1,\n 2 and 6 of the Danish Public Procurement Act, ARC expects to ask the tenderer to submit:\n • An extract from the relevant register or a similar document issued by a competent\n judicial or administrative authority stating that the tenderer is not subject to the\n grounds for exclusion stipulated in section 135(1). • A certificate issued by the\n competent authority in the country referred to as documentation that the Tenderer\n is not subject to the grounds for exclusion stipulated in the cases stated in sections\n 135(3), 137(1)(2) and 137(1)(6). ARC intends to request documentation regarding the\n information provided in the ESPD (regarding exclusion grounds and requirements for\n suitability) from the selected candidates (tenderers) in connection with the invitation\n to submit initial tenders. The tenderers will be asked to submit the documentation\n within a suitable time limit. Groups of economic operators will be asked to submit\n documentation regarding exclusion grounds and requirements for suitability for each\n of the economic operators in the group. If the tenderer is based on one or more supporting\n entities the tenderer will be asked to submit documentation regarding exclusion grounds\n for each supporting entity. Furthermore, for each supporting entity the tenderer will\n be asked to submit documentation for the relevant capacities of the supporting entity\n regarding fulfilling the requirements for suitability. ARC will not pay any remuneration\n to the tenderers for their participation in the procurement procedure. Also, the tenderers\n are not compensated or reimbursed for any of their costs incurred from participating\n in the procurement procedure, including but not limited to, travel costs.

2.1.1 Formål

Kontraktens art: Bygge og anlæg

Primær klassificering (cpv): 45000000 Bygge- og anlægsarbejder

Yderligere klassificering (cpv): 42000000 Industrimaskiner

Yderligere klassificering (cpv): 50530000 Reparation og vedligeholdelse af maskiner

Yderligere klassificering (cpv): 51500000 Installation af maskiner og udstyr

2.1.2 Udførelsessted

By: København S

Postnummer: 2300

Landespecifik underafdeling (NUTS): Byen København (DK011)

Land: Danmark

2.1.3 Værdi

Anslået værdi eksklusiv moms: 160.000.000 Dansk krone

2.1.4 Generelle oplysninger

Retsgrundlag:

Direktiv 2014/25/EU

2.1.6 Grunde til udelukkelse

En situation, der svarer til konkurs i henhold til national ret: Is the economic operator in in any analogous situation like bankruptcy arising from\n a similar procedure under national laws and regulations? This information needs not\n be given if exclusion of economic operators in this case has been made mandatory under\n the applicable national law without any possibility of derogation where the economic\n operator is nevertheless able to perform the contract.

Konkurs: Is the economic operator bankrupt? This information needs not be given if exclusion\n of economic operators in this case has been made mandatory under the applicable national\n law without any possibility of derogation where the economic operator is nevertheless\n able to perform the contract.

Korruption: Has the economic operator itself or any person who is a member of its administrative,\n management or supervisory body or has powers of representation, decision or control\n therein been the subject of a conviction by final judgment for corruption, by a conviction\n rendered at the most five years ago or in which an exclusion period set out directly\n in the conviction continues to be applicable? As defined in Article 3 of the Convention\n on the fight against corruption involving officials of the European Communities or\n officials of Member States of the European Union, OJ C 195, 25.6.1997, p. 1, and in\n Article 2(1) of Council Framework Decision 2003/568/JHA of 22 July 2003 on combating\n corruption in the private sector (OJ L 192, 31.7.2003, p. 54). This exclusion ground\n also includes corruption as defined in the national law of the contracting authority\n (contracting entity) or the economic operator.

Tvangsakkord uden for konkurs: Is the economic operator in arrangement with creditors? This information needs not\n be given if exclusion of economic operators in this case has been made mandatory under\n the applicable national law without any possibility of derogation where the economic\n operator is nevertheless able to perform the contract.

Deltagelse i en kriminel organisation: Has the economic operator itself or any person who is a member of its administrative,\n management or supervisory body or has powers of representation, decision or control\n therein been the subject of a conviction by final judgment for participation in a\n criminal organisation, by a conviction rendered at the most five years ago or in which\n an exclusion period set out directly in the conviction continues to be applicable?\n As defined in Article 2 of Council Framework Decision 2008/841/JHA of 24 October 2008\n on the fight against organised crime (OJ L 300, 11.11.2008, p. 42).

Tilsidesættelse af forpligtelser på miljølovgivningsområdet: Has the economic operator, to its knowledge, breached its obligations in the field\n of environmental law? As referred to for the purposes of this procurement in national\n law, in the relevant notice or the procurement documents or in Article 18(2) of Directive\n 2014/24/EU.

Hvidvaskning af penge eller finansiering af terrorisme: Has the economic operator itself or any person who is a member of its administrative,\n management or supervisory body or has powers of representation, decision or control\n therein been the subject of a conviction by final judgment for money laundering or\n terrorist financing, by a conviction rendered at the most five years ago or in which\n an exclusion period set out directly in the conviction continues to be applicable?\n As defined in Article 1 of Directive 2005/60/EC of the European Parliament and of\n the Council of 26 October 2005 on the prevention of the use of the financial system\n for the purpose of money laundering and terrorist financing (OJ L 309, 25.11.2005,\n p. 15).

Svig: Has the economic operator itself or any person who is a member of its administrative,\n management or supervisory body or has powers of representation, decision or control\n therein been the subject of a conviction by final judgment for fraud, by a conviction\n rendered at the most five years ago or in which an exclusion period set out directly\n in the conviction continues to be applicable? Within the meaning of Article 1 of the\n Convention on the protection of the European Communities' financial interests (OJ\n C 316, 27.11.1995, p. 48).

Børnearbejde og andre former for menneskehandel: Has the economic operator itself or any person who is a member of its administrative,\n management or supervisory body or has powers of representation, decision or control\n therein been the subject of a conviction by final judgment for child labour and other\n forms of trafficking in human beings, by a conviction rendered at the most five years\n ago or in which an exclusion period set out directly in the conviction continues to\n be applicable? As defined in Article 2 of Directive 2011/36/EU of the European Parliament\n and of the Council of 5 April 2011 on preventing and combating trafficking in human\n beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA\n (OJ L 101, 15.4.2011, p. 1).

Insolvens: Is the economic operator the subject of insolvency or winding-up? This information\n needs not be given if exclusion of economic operators in this case has been made mandatory\n under the applicable national law without any possibility of derogation where the\n economic operator is nevertheless able to perform the contract.

Tilsidesættelse af forpligtelser på det arbejdsretlige område: Has the economic operator, to its knowledge, breached its obligations in the field\n of labour law? As referred to for the purposes of this procurement in national law,\n in the relevant notice or the procurement documents or in Article 18(2) of Directive\n 2014/24/EU.

Aktiver, der administreres af en kurator: Are the assets of the economic operator being administered by a liquidator or by the\n court? This information needs not be given if exclusion of economic operators in this\n case has been made mandatory under the applicable national law without any possibility\n of derogation where the economic operator is nevertheless able to perform the contract.

Har afgivet urigtige oplysninger eller tilbageholdt oplysninger, som ikke var i stand til at fremlægge de krævede dokumenter og indhentet fortrolige oplysninger i forbindelse med denne procedure: Can the economic operator confirm that: a) It has been guilty of serious misrepresentation\n in supplying the information required for the verification of the absence of grounds\n for exclusion or the fulfilment of the selection criteria, b) It has withheld such\n information, c) It has not been able, without delay, to submit the supporting documents\n required by a contracting authority or contracting entity, and d) It has undertaken\n to unduly influence the decision making process of the contracting authority or contracting\n entity, to obtain confidential information that may confer upon it undue advantages\n in the procurement procedure or to negligently provide misleading information that\n may have a material influence on decisions concerning exclusion, selection or award?

Interessekonflikt som følge af deltagelse i udbudsproceduren: Is the economic operator aware of any conflict of interest, as indicated in national\n law, the relevant notice or the procurement documents due to its participation in\n the procurement procedure?

Direkte eller indirekte involvering i forberedelsen af denne udbudsprocedure: Has the economic operator or an undertaking related to it advised the contracting\n authority or contracting entity or otherwise been involved in the preparation of the\n procurement procedure?

Skyldig i alvorlige forsømmelser i forbindelse med udøvelsen af erhvervet: Is the economic operator guilty of grave professional misconduct? Where applicable,\n see definitions in national law, the relevant notice or the procurement documents.

Tilsidesættelse af forpligtelser på sociallovgivningsområdet: Has the economic operator, to its knowledge, breached its obligations in the field\n of social law? As referred to for the purposes of this procurement in national law,\n in the relevant notice or the procurement documents or in Article 18(2) of Directive\n 2014/24/EU.

Betaling af socialsikringsbidrag: Has the economic operator breached its obligations relating to the payment social\n security contributions, both in the country in which it is established and in Member\n State of the contracting authority or contracting entity if other than the country\n of establishment?

Erhvervsvirksomheden er indstillet: Are the business activities of the economic operator suspended? This information needs\n not be given if exclusion of economic operators in this case has been made mandatory\n under the applicable national law without any possibility of derogation where the\n economic operator is nevertheless able to perform the contract.

Betaling af skatter og afgifter: Has the economic operator breached its obligations relating to the payment of taxes,\n both in the country in which it is established and in Member State of the contracting\n authority or contracting entity if other than the country of establishment?

Terrorhandlinger eller strafbare handlinger med forbindelse til terroraktivitet: Has the economic operator itself or any person who is a member of its administrative,\n management or supervisory body or has powers of representation, decision or control\n therein been the subject of a conviction by final judgment for terrorist offences\n or offences linked to terrorist activities, by a conviction rendered at the most five\n years ago or in which an exclusion period set out directly in the conviction continues\n to be applicable? As defined in Articles 1 and 3 of Council Framework Decision of\n 13 June 2002 on combating terrorism (OJ L 164, 22.6.2002, p. 3). This exclusion ground\n also includes inciting or aiding or abetting or attempting to commit an offence, as\n referred to in Article 4 of that Framework Decision.

5 Delkontrakt

5.1 Teknisk ID for partiet: LOT-0000

Titel: New Sorting Facility

Intern identifikator: 019719-0470

5.1.1 Formål

Kontraktens art: Bygge og anlæg

Primær klassificering (cpv): 45000000 Bygge- og anlægsarbejder

Yderligere klassificering (cpv): 42000000 Industrimaskiner

Yderligere klassificering (cpv): 50530000 Reparation og vedligeholdelse af maskiner

Yderligere klassificering (cpv): 51500000 Installation af maskiner og udstyr

Valgmuligheder:

Beskrivelse af optioner: The contract includes the following options: • Second recovery step for mixed plastic\n and tetra (“Option 1\") • Cleaner for mixed plastic (“Option 2\") • Cleaner for paper\n and tetra (“Option 3”) • Fire detection and fighting equipment (“Option 4\") If ARC\n wishes to exercise one or more of the options, ARC must inform the Contractor thereof\n no later than 6 months after both ARC and the Contractor have signed the contract.\n The options included in the contract are described more thoroughly in Part III, Appendix\n A14 (Options). In addition to the four options listed above, the contract includes\n the contractor’s performance of additional work/variants (including additional travels)\n to the extent ARC finds it necessary to complete the new sorting plant.

5.1.2 Udførelsessted

By: København S

Postnummer: 2300

Landespecifik underafdeling (NUTS): Byen København (DK011)

Land: Danmark

Yderligere oplysninger:

5.1.3 Anslået varighed

Varighed: 24 Måned

5.1.4 Fornyelse

Højeste antal fornyelser: 0

5.1.5 Værdi

Anslået værdi eksklusiv moms: 160.000.000 Dansk krone

5.1.6 Generelle oplysninger

Reserveret deltagelse: Deltagelse uden forbehold.

Indkøbsprojekt, der ikke finansieres med EU-midler

Udbuddet er omfattet af aftalen om offentlige udbud (GPA): ja

5.1.9 Udvælgelseskriterier

Kriterium:

Type: Økonomisk og finansiel formåen

Navn: Other economic or financial requirements

Beskrivelse: The candidates’ economical and financial standing must fulfil the following requirement:\n • The candidate must have a positive equity in the most recently concluded and audited\n financial year at the deadline for submission of the application for prequalification.\n The candidate must fill in the required information in the following field in the\n ESPD, Part IV B: ‘Other economic or financial requirements’ (regarding equity). To\n document that the tenderer fulfils the requirement for economic and financial standing\n ARC expects to ask the tenderer to submit an audited annual report or equivalent documentation\n stating the tenderer’s equity in the most recently concluded and audited financial\n year at the deadline for submission of the application for prequalification. If an\n annual report is not required under the law of the country in which the tenderer is\n established or if the tenderer’s annual report doesn’t contain the required information\n ARC will accept a declaration from the tenderer’s external accountant as equivalent\n documentation. If the information above is available to ARC via access to a national\n database, the tenderer is not obliged to submit the documentation in question to ARC.\n However, in that case ARC asks that the tenderer instead informs ARC where to find\n the information and supplies ARC with any necessary passwords, etc.

Anvendelse af dette kriterium: Anvendt

Kriterium:

Type: Egnethed til at udøve det pågældende erhverv

Anvendelse af dette kriterium: Ikke anvendt

Kriterium:

Type: Teknisk og faglig formåen

Navn: For works contracts: performance of works of the specified type

Beskrivelse: The candidate must provide a minimum of one reference and a maximum of five references\n concerning ongoing or completed projects within the last five years. ARC defines “completed\n projects” as projects where hand over has been completed before the prequalification\n application deadline. The candidate’s reference(s) must fulfil the following requirement:\n • At least one of the candidate’s references must regard the supply of a complete\n waste sorting system based on predominantly municipal solid waste for which the candidate\n has been the main supplier of the technology and design of the waste sorting system.\n For each reference the candidate is required to describe the reference regarding the\n following information: • Name of reference project or plant • Contract amount (the\n candidate’s fee) • Place of performance (office address of reference plant) • The\n name of the costumer • The time of performance, i.e. the date of commencement and\n completion • The scope of the reference, including o Description of the technical\n solution provided by the candidate under the con-tract. o Description of the scope\n of the activities carried out by the candidate under the contract. o Description of\n the fuel input (types of waste). o Nominal capacity (tonnes waste/hour). o Date of\n commencement of commercial operation (Provisional takeover). The candidate must fill\n in information regarding its references in the following field in the ESPD, Part IV\n C: ‘For works contracts: performance of deliveries of the specified type’. As an alternative\n to describing the references in the ESPD, the candidate may submit its references\n in a separate appendix to the ESPD. If so, ARC ask that the candidate refers to the\n appendix in the ESPD, and that the candidate ensures that the requested information\n about the references is included in the appendix. Submission of more than five references\n does not lead to exclusion of the candidate. However, for the purpose of selecting\n the candidates for participation in the tender and negotiation phase, ARC will only\n consider the five most recent references in the ESPD. To document that the tenderer\n fulfils the requirements for technical and professional ability ARC expects to ask\n the tenderer to submit contact information (email and telephone number) to contact\n persons at the costumers mentioned as references in the ESPD (or a separate appendix\n to the ESPD) if such contact information is not included in the ESPD or a separate\n appendix to the ESPD.

Anvendelse af dette kriterium: Anvendt

Kriterium:

Type: Teknisk og faglig formåen

Navn: Selection among qualified candidates

Beskrivelse: ARC intends to select five candidates who will be invited to participate in the tender\n and negotiation phase and submit an initial tender. If five candidates or less apply\n for prequalification ARC intends to select all candidates, provided that each candidate\n fulfils the requirements for suitability, and is not subject to grounds for exclusion.\n However, ARC may choose to annul the procurement procedure if the number of candidates\n that fulfils the requirements for suitability and are not subject to grounds for exclusion\n is deemed too low to ensure an adequate competition. If more than five candidates\n fulfil the requirements for suitability and are not subject to grounds for exclusion,\n ARC will select the candidates to receive an invitation to submit an initial tender\n among these candidates. This selection will be based on the objective criterion \"The\n most relevant experience\". ARC will evaluate the reference(s) provided by the candidate\n on the basis of the criterion ‘the most relevant experience’. The more the reference(s)\n provided by the candidate correspond to the contract up for tender the more positively\n ARC will assess this candidate’s prequalification application. In the comparison between\n the references and the contract up for tender ARC will, among other things, attach\n importance to the technical solution, scope and complexity of the task, capacity of\n the waste sorting plant and the candidate’s role in performing the reference. The\n selection will be based solely on the references specified in the ESPD (or in an appendix\n to the ESPD) and a maximum of five references. If the candidate has provided more\n than five references, only the five most recent references will be considered in the\n selection decision. The maximum number of references to be considered also applies\n if the candidate is a group of economic operators and/or if the candidate is based\n on one or more supporting entities.

Anvendelse af dette kriterium: Anvendt

Kriterierne vil blive anvendt til at udvælge de ansøgere, som skal opfordres til at deltage i anden fase af proceduren

Oplysninger om den anden fase i en procedure, der afvikles i to faser:

Mindsteantallet af ansøgere, som skal opfordres til at deltage i anden fase af proceduren: 5

Det højeste antal ansøgere, som skal opfordres til at deltage i anden fase af proceduren: 5

5.1.10 Tildelingskriterier

Kriterium:

Type: Pris

Navn: Price

Beskrivelse: The evaluation of the sub-criterion \"Price\" will be carried out in accordance with\n section 6.2.1 of the Tender Conditions.

Vægtning (procentdel, præcis): 50

Kriterium:

Type: Kvalitet

Navn: Technical Solution

Beskrivelse: The evaluation of the sub-criterion \"Technical Solution\" will be carried out in accordance\n with section 6.2.2 of the Tender Conditions.

Vægtning (procentdel, præcis): 40

Kriterium:

Type: Kvalitet

Navn: Project Execution

Beskrivelse: The evaluation of the sub-criterion \"Project Execution\" will be carried out in accordance\n with section 6.2.3 of the Tender Conditions.

Vægtning (procentdel, præcis): 10

5.1.11 Udbudsdokumenter

Sprog, som udbudsdokumenterne er officielt tilgængelige på: engelsk

Adresse på udbudsdokumenterne: https://www.ethics.dk/ethics/eo#/6089389e-c04a-4223-aac5-708e54b48e01/publicMaterial

5.1.12 Udbudsvilkår

Vilkår for indgivelse:

Elektronisk indgivelse: Påkrævet

Indgivelsesadresse: https://www.ethics.dk/ethics/eo#/6089389e-c04a-4223-aac5-708e54b48e01/homepage

Sprog, som tilbud og ansøgninger om deltagelse kan indgives på: engelsk

Elektronisk katalog: Ikke tilladt

Alternative tilbud: Ikke tilladt

Tilbudsgivere kan indgive mere end ét tilbud: Ikke tilladt

Frist for modtagelse af anmodninger om deltagelse: 22-08-2024 10:00 +00:00

Betingelser for kontrakten:

Udførelsen af kontrakten skal ske inden for rammerne af programmer for beskyttet beskæftigelse: Nej

Vilkår relateret til kontraktens udførelse: Conditions of performance are described in the procurement documents.

Der kræves en fortrolighedsaftale: nej

Elektronisk fakturering: Påkrævet

Der vil blive anvendt elektronisk bestilling: nej

Der vil blive anvendt elektronisk betaling: ja

Finansiel ordning: The financial arrangement is described in the procurement documents.

Oplysninger om undersøgelsesfrister: The Danish Complaints Board for Public Procurement Act (Act no. 593 of 02.06.2016\n which is available at www.retsinformation.dk.) contain the regulation governing the\n deadlines for review procedures regarding public procurement under Danish law. Complaints\n concerning a candidate not being prequalified must be lodged with the Danish Complaints\n Board for Public Procurement (\"the Complaints Board\") within a 20 calendar day deadline\n starting the day after the day that ARC has sent notification to the candidates involved\n regarding ARC's selection decision, cf. section 7(1) of the Danish Complaints Board\n for Public Procurement Act. Other complaints must be lodged with the Complaints Board\n within a 45 calendar day deadline initiated by ARC's publication of a contract award\n notice in the Official Journal of the European Union. The first day of the deadline\n is the day following the publication date, cf. section 7(2)(i) of the Danish Complaints\n Board for Public Procurement Act. The complainant must notify ARC of the complaint\n in writing at the latest at the same time as the complainant lodges the complaint\n with the Complaints Board. Furthermore, the complainant must inform ARC as to whether\n or not the complaint has been lodged in the standstill-period and whether the complainant\n has requested the complaint to be given suspensory effect, cf. section 6(4) of the\n Danish Complaints Board for Public Procurement Act. To lodge a complaint with the\n Danish Complaints Board for Public Procurement the complainant must pay a fee of DKK\n 20,000.

5.1.15 Teknikker

Rammeaftale:

Ingen rammeaftale

Oplysninger om det dynamiske indkøbssystem:

Intet dynamisk indkøbssystem

Elektronisk auktion: nej

5.1.16 Yderligere oplysninger, mægling og gennemgang

Organisation med ansvar for klager: Klagenævnet for Udbud

Organisation, der leverer supplerende oplysninger om udbudsproceduren: I/S Amager Ressourcecenter

Organisation, der leverer yderligere oplysninger om klageprocedurerne: Konkurrence- og Forbrugerstyrelsen

TED eSender: Mercell Holding ASA

2 Procedure

2.1 Procedure

Title: New Sorting Facility

Description: This procurement procedure regards a contract for the establishment of a new sorting\n plant for I/S Amager Ressourcecenter (\"ARC\"). The new sorting plant is to be located\n next to ARC's existing Waste-to-Energy facility in Copenhagen, Denmark. The purpose\n of the new sorting plant is to sort residual MSW from source segregated waste from\n households in Copenhagen. The contract includes design and construction of the new\n sorting plant on a turnkey basis. The works included in the contract are described\n more thoroughly in the procurement documents, in particular Part III. ARC has decided\n not to divide the contract regarding the establishment of a new sorting plant into\n lots as ARC consider the content of this contract the optimal solution for ARC’s needs,\n i.a. regarding synergies, interfaces to other contractors and contractor liability.

Procedure identifier: 1c3d334e-13a5-4be6-92f4-a4bfa6a03725

Internal identifier: 019719-0470

Type of procedure: Negotiated with prior publication of a call for competition / competitive with negotiation

The procedure is accelerated: no

Main features of the procedure: The procurement procedure will be carried out as a negotiated procedure with prior\n call for competition pursuant to article 47 of the Utilities Directive. The procurement\n procedure will be carried out in two phases: • The prequalification phase • The tender\n and negotiation phase Only candidates who have been selected by ARC during the prequalification\n phase will be invited to submit an initial tender in the tender phase. ARC intends\n to select five candidates who will be invited to participate in the tender and negotiation\n phase. Based on the initial tenders, ARC will conduct individual negotiations with\n each tenderer in accordance with the guidelines set out in the Tender Conditions.\n Based on the input from the tenderers during the round of negotiations ARC may amend\n one or more of the procurement documents before inviting the tenderers to submit a\n revised or final tender. ARC expects to have one round of negotiations, before inviting\n the tenderers to submit their final tender (Best And Final Offer). However, ARC reserves\n the right to conduct one or more additional rounds of negotiations, if necessary.\n The revised and final tenders are legally binding for six months from the day of the\n deadline for submission of the tender. ARC will award the contract to the most economically\n advantageous tender based on the criteria ‘best price-quality ratio’. ARC invites\n all tenderers to a site visit at Vindmøllevej 6, 2300 København S, Denmark. The site\n visit is expected to take place on 12 September 2024. Further information regarding\n the site visit, including the deadline to sign up, will be included in ARC’s invitation\n to submit the initial tender. Candidates are excluded from participating in the procurement\n procedure if they are subject to one or more of the grounds for exclusion in sections\n 134(a), 135-136 or 137 (1) number 1, 2 or 6 of the Danish Public Procurement Act.\n Furthermore, candidates are excluded from participating in the procurement procedure\n if the candidate (including other participants in an association, consortium or similar)\n is covered by article 5k of Regulation (EU) No 833/2014. To document that the tenderer\n is not subject to grounds for exclusion stipulated in sections 135-137(1) number 1,\n 2 and 6 of the Danish Public Procurement Act, ARC expects to ask the tenderer to submit:\n • An extract from the relevant register or a similar document issued by a competent\n judicial or administrative authority stating that the tenderer is not subject to the\n grounds for exclusion stipulated in section 135(1). • A certificate issued by the\n competent authority in the country referred to as documentation that the Tenderer\n is not subject to the grounds for exclusion stipulated in the cases stated in sections\n 135(3), 137(1)(2) and 137(1)(6). ARC intends to request documentation regarding the\n information provided in the ESPD (regarding exclusion grounds and requirements for\n suitability) from the selected candidates (tenderers) in connection with the invitation\n to submit initial tenders. The tenderers will be asked to submit the documentation\n within a suitable time limit. Groups of economic operators will be asked to submit\n documentation regarding exclusion grounds and requirements for suitability for each\n of the economic operators in the group. If the tenderer is based on one or more supporting\n entities the tenderer will be asked to submit documentation regarding exclusion grounds\n for each supporting entity. Furthermore, for each supporting entity the tenderer will\n be asked to submit documentation for the relevant capacities of the supporting entity\n regarding fulfilling the requirements for suitability. ARC will not pay any remuneration\n to the tenderers for their participation in the procurement procedure. Also, the tenderers\n are not compensated or reimbursed for any of their costs incurred from participating\n in the procurement procedure, including but not limited to, travel costs.

2.1.1 Purpose

Main nature of the contract: Works

Main classification (cpv): 45000000 Construction work

Additional classification (cpv): 42000000 Industrial machinery

Additional classification (cpv): 50530000 Repair and maintenance services of machinery

Additional classification (cpv): 51500000 Installation services of machinery and equipment

2.1.2 Place of performance

Town: København S

Postcode: 2300

Country subdivision (NUTS): Byen København (DK011)

Country: Denmark

2.1.3 Value

Estimated value excluding VAT: 160.000.000 Danish krone

2.1.4 General information

Legal basis:

Directive 2014/25/EU

2.1.6 Grounds for exclusion

Analogous situation like bankruptcy under national law: Is the economic operator in in any analogous situation like bankruptcy arising from\n a similar procedure under national laws and regulations? This information needs not\n be given if exclusion of economic operators in this case has been made mandatory under\n the applicable national law without any possibility of derogation where the economic\n operator is nevertheless able to perform the contract.

Bankruptcy: Is the economic operator bankrupt? This information needs not be given if exclusion\n of economic operators in this case has been made mandatory under the applicable national\n law without any possibility of derogation where the economic operator is nevertheless\n able to perform the contract.

Corruption: Has the economic operator itself or any person who is a member of its administrative,\n management or supervisory body or has powers of representation, decision or control\n therein been the subject of a conviction by final judgment for corruption, by a conviction\n rendered at the most five years ago or in which an exclusion period set out directly\n in the conviction continues to be applicable? As defined in Article 3 of the Convention\n on the fight against corruption involving officials of the European Communities or\n officials of Member States of the European Union, OJ C 195, 25.6.1997, p. 1, and in\n Article 2(1) of Council Framework Decision 2003/568/JHA of 22 July 2003 on combating\n corruption in the private sector (OJ L 192, 31.7.2003, p. 54). This exclusion ground\n also includes corruption as defined in the national law of the contracting authority\n (contracting entity) or the economic operator.

Arrangement with creditors: Is the economic operator in arrangement with creditors? This information needs not\n be given if exclusion of economic operators in this case has been made mandatory under\n the applicable national law without any possibility of derogation where the economic\n operator is nevertheless able to perform the contract.

Participation in a criminal organisation: Has the economic operator itself or any person who is a member of its administrative,\n management or supervisory body or has powers of representation, decision or control\n therein been the subject of a conviction by final judgment for participation in a\n criminal organisation, by a conviction rendered at the most five years ago or in which\n an exclusion period set out directly in the conviction continues to be applicable?\n As defined in Article 2 of Council Framework Decision 2008/841/JHA of 24 October 2008\n on the fight against organised crime (OJ L 300, 11.11.2008, p. 42).

Breaching of obligations in the fields of environmental law: Has the economic operator, to its knowledge, breached its obligations in the field\n of environmental law? As referred to for the purposes of this procurement in national\n law, in the relevant notice or the procurement documents or in Article 18(2) of Directive\n 2014/24/EU.

Money laundering or terrorist financing: Has the economic operator itself or any person who is a member of its administrative,\n management or supervisory body or has powers of representation, decision or control\n therein been the subject of a conviction by final judgment for money laundering or\n terrorist financing, by a conviction rendered at the most five years ago or in which\n an exclusion period set out directly in the conviction continues to be applicable?\n As defined in Article 1 of Directive 2005/60/EC of the European Parliament and of\n the Council of 26 October 2005 on the prevention of the use of the financial system\n for the purpose of money laundering and terrorist financing (OJ L 309, 25.11.2005,\n p. 15).

Fraud: Has the economic operator itself or any person who is a member of its administrative,\n management or supervisory body or has powers of representation, decision or control\n therein been the subject of a conviction by final judgment for fraud, by a conviction\n rendered at the most five years ago or in which an exclusion period set out directly\n in the conviction continues to be applicable? Within the meaning of Article 1 of the\n Convention on the protection of the European Communities' financial interests (OJ\n C 316, 27.11.1995, p. 48).

Child labour and other forms of trafficking in human beings: Has the economic operator itself or any person who is a member of its administrative,\n management or supervisory body or has powers of representation, decision or control\n therein been the subject of a conviction by final judgment for child labour and other\n forms of trafficking in human beings, by a conviction rendered at the most five years\n ago or in which an exclusion period set out directly in the conviction continues to\n be applicable? As defined in Article 2 of Directive 2011/36/EU of the European Parliament\n and of the Council of 5 April 2011 on preventing and combating trafficking in human\n beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA\n (OJ L 101, 15.4.2011, p. 1).

Insolvency: Is the economic operator the subject of insolvency or winding-up? This information\n needs not be given if exclusion of economic operators in this case has been made mandatory\n under the applicable national law without any possibility of derogation where the\n economic operator is nevertheless able to perform the contract.

Breaching of obligations in the fields of labour law: Has the economic operator, to its knowledge, breached its obligations in the field\n of labour law? As referred to for the purposes of this procurement in national law,\n in the relevant notice or the procurement documents or in Article 18(2) of Directive\n 2014/24/EU.

Assets being administered by liquidator: Are the assets of the economic operator being administered by a liquidator or by the\n court? This information needs not be given if exclusion of economic operators in this\n case has been made mandatory under the applicable national law without any possibility\n of derogation where the economic operator is nevertheless able to perform the contract.

Guilty of misrepresentation, withheld information, unable to provide required documents and obtained confidential information of this procedure: Can the economic operator confirm that: a) It has been guilty of serious misrepresentation\n in supplying the information required for the verification of the absence of grounds\n for exclusion or the fulfilment of the selection criteria, b) It has withheld such\n information, c) It has not been able, without delay, to submit the supporting documents\n required by a contracting authority or contracting entity, and d) It has undertaken\n to unduly influence the decision making process of the contracting authority or contracting\n entity, to obtain confidential information that may confer upon it undue advantages\n in the procurement procedure or to negligently provide misleading information that\n may have a material influence on decisions concerning exclusion, selection or award?

Conflict of interest due to its participation in the procurement procedure: Is the economic operator aware of any conflict of interest, as indicated in national\n law, the relevant notice or the procurement documents due to its participation in\n the procurement procedure?

Direct or indirect involvement in the preparation of this procurement procedure: Has the economic operator or an undertaking related to it advised the contracting\n authority or contracting entity or otherwise been involved in the preparation of the\n procurement procedure?

Guilty of grave professional misconduct: Is the economic operator guilty of grave professional misconduct? Where applicable,\n see definitions in national law, the relevant notice or the procurement documents.

Breaching of obligations in the fields of social law: Has the economic operator, to its knowledge, breached its obligations in the field\n of social law? As referred to for the purposes of this procurement in national law,\n in the relevant notice or the procurement documents or in Article 18(2) of Directive\n 2014/24/EU.

Payment of social security contributions: Has the economic operator breached its obligations relating to the payment social\n security contributions, both in the country in which it is established and in Member\n State of the contracting authority or contracting entity if other than the country\n of establishment?

Business activities are suspended: Are the business activities of the economic operator suspended? This information needs\n not be given if exclusion of economic operators in this case has been made mandatory\n under the applicable national law without any possibility of derogation where the\n economic operator is nevertheless able to perform the contract.

Payment of taxes: Has the economic operator breached its obligations relating to the payment of taxes,\n both in the country in which it is established and in Member State of the contracting\n authority or contracting entity if other than the country of establishment?

Terrorist offences or offences linked to terrorist activities: Has the economic operator itself or any person who is a member of its administrative,\n management or supervisory body or has powers of representation, decision or control\n therein been the subject of a conviction by final judgment for terrorist offences\n or offences linked to terrorist activities, by a conviction rendered at the most five\n years ago or in which an exclusion period set out directly in the conviction continues\n to be applicable? As defined in Articles 1 and 3 of Council Framework Decision of\n 13 June 2002 on combating terrorism (OJ L 164, 22.6.2002, p. 3). This exclusion ground\n also includes inciting or aiding or abetting or attempting to commit an offence, as\n referred to in Article 4 of that Framework Decision.

5 Lot

5.1 Lot technical ID: LOT-0000

Title: New Sorting Facility

Internal identifier: 019719-0470

5.1.1 Purpose

Main nature of the contract: Works

Main classification (cpv): 45000000 Construction work

Additional classification (cpv): 42000000 Industrial machinery

Additional classification (cpv): 50530000 Repair and maintenance services of machinery

Additional classification (cpv): 51500000 Installation services of machinery and equipment

Options:

Description of the options: The contract includes the following options: • Second recovery step for mixed plastic\n and tetra (“Option 1\") • Cleaner for mixed plastic (“Option 2\") • Cleaner for paper\n and tetra (“Option 3”) • Fire detection and fighting equipment (“Option 4\") If ARC\n wishes to exercise one or more of the options, ARC must inform the Contractor thereof\n no later than 6 months after both ARC and the Contractor have signed the contract.\n The options included in the contract are described more thoroughly in Part III, Appendix\n A14 (Options). In addition to the four options listed above, the contract includes\n the contractor’s performance of additional work/variants (including additional travels)\n to the extent ARC finds it necessary to complete the new sorting plant.

5.1.2 Place of performance

Town: København S

Postcode: 2300

Country subdivision (NUTS): Byen København (DK011)

Country: Denmark

Additional information:

5.1.3 Estimated duration

Duration: 24 Month

5.1.4 Renewal

Maximum renewals: 0

5.1.5 Value

Estimated value excluding VAT: 160.000.000 Danish krone

5.1.6 General information

Reserved participation: Participation is not reserved.

Procurement Project not financed with EU Funds.

The procurement is covered by the Government Procurement Agreement (GPA): yes

5.1.9 Selection criteria

Criterion:

Type: Economic and financial standing

Name: Other economic or financial requirements

Description: The candidates’ economical and financial standing must fulfil the following requirement:\n • The candidate must have a positive equity in the most recently concluded and audited\n financial year at the deadline for submission of the application for prequalification.\n The candidate must fill in the required information in the following field in the\n ESPD, Part IV B: ‘Other economic or financial requirements’ (regarding equity). To\n document that the tenderer fulfils the requirement for economic and financial standing\n ARC expects to ask the tenderer to submit an audited annual report or equivalent documentation\n stating the tenderer’s equity in the most recently concluded and audited financial\n year at the deadline for submission of the application for prequalification. If an\n annual report is not required under the law of the country in which the tenderer is\n established or if the tenderer’s annual report doesn’t contain the required information\n ARC will accept a declaration from the tenderer’s external accountant as equivalent\n documentation. If the information above is available to ARC via access to a national\n database, the tenderer is not obliged to submit the documentation in question to ARC.\n However, in that case ARC asks that the tenderer instead informs ARC where to find\n the information and supplies ARC with any necessary passwords, etc.

Use of this criterion: Used

Criterion:

Type: Suitability to pursue the professional activity

Use of this criterion: Not used

Criterion:

Type: Technical and professional ability

Name: For works contracts: performance of works of the specified type

Description: The candidate must provide a minimum of one reference and a maximum of five references\n concerning ongoing or completed projects within the last five years. ARC defines “completed\n projects” as projects where hand over has been completed before the prequalification\n application deadline. The candidate’s reference(s) must fulfil the following requirement:\n • At least one of the candidate’s references must regard the supply of a complete\n waste sorting system based on predominantly municipal solid waste for which the candidate\n has been the main supplier of the technology and design of the waste sorting system.\n For each reference the candidate is required to describe the reference regarding the\n following information: • Name of reference project or plant • Contract amount (the\n candidate’s fee) • Place of performance (office address of reference plant) • The\n name of the costumer • The time of performance, i.e. the date of commencement and\n completion • The scope of the reference, including o Description of the technical\n solution provided by the candidate under the con-tract. o Description of the scope\n of the activities carried out by the candidate under the contract. o Description of\n the fuel input (types of waste). o Nominal capacity (tonnes waste/hour). o Date of\n commencement of commercial operation (Provisional takeover). The candidate must fill\n in information regarding its references in the following field in the ESPD, Part IV\n C: ‘For works contracts: performance of deliveries of the specified type’. As an alternative\n to describing the references in the ESPD, the candidate may submit its references\n in a separate appendix to the ESPD. If so, ARC ask that the candidate refers to the\n appendix in the ESPD, and that the candidate ensures that the requested information\n about the references is included in the appendix. Submission of more than five references\n does not lead to exclusion of the candidate. However, for the purpose of selecting\n the candidates for participation in the tender and negotiation phase, ARC will only\n consider the five most recent references in the ESPD. To document that the tenderer\n fulfils the requirements for technical and professional ability ARC expects to ask\n the tenderer to submit contact information (email and telephone number) to contact\n persons at the costumers mentioned as references in the ESPD (or a separate appendix\n to the ESPD) if such contact information is not included in the ESPD or a separate\n appendix to the ESPD.

Use of this criterion: Used

Criterion:

Type: Technical and professional ability

Name: Selection among qualified candidates

Description: ARC intends to select five candidates who will be invited to participate in the tender\n and negotiation phase and submit an initial tender. If five candidates or less apply\n for prequalification ARC intends to select all candidates, provided that each candidate\n fulfils the requirements for suitability, and is not subject to grounds for exclusion.\n However, ARC may choose to annul the procurement procedure if the number of candidates\n that fulfils the requirements for suitability and are not subject to grounds for exclusion\n is deemed too low to ensure an adequate competition. If more than five candidates\n fulfil the requirements for suitability and are not subject to grounds for exclusion,\n ARC will select the candidates to receive an invitation to submit an initial tender\n among these candidates. This selection will be based on the objective criterion \"The\n most relevant experience\". ARC will evaluate the reference(s) provided by the candidate\n on the basis of the criterion ‘the most relevant experience’. The more the reference(s)\n provided by the candidate correspond to the contract up for tender the more positively\n ARC will assess this candidate’s prequalification application. In the comparison between\n the references and the contract up for tender ARC will, among other things, attach\n importance to the technical solution, scope and complexity of the task, capacity of\n the waste sorting plant and the candidate’s role in performing the reference. The\n selection will be based solely on the references specified in the ESPD (or in an appendix\n to the ESPD) and a maximum of five references. If the candidate has provided more\n than five references, only the five most recent references will be considered in the\n selection decision. The maximum number of references to be considered also applies\n if the candidate is a group of economic operators and/or if the candidate is based\n on one or more supporting entities.

Use of this criterion: Used

The criteria will be used to select the candidates to be invited for the second stage of the procedure

Information about the second stage of a two-stage procedure:

Minimum number of candidates to be invited for the second stage of the procedure: 5

Maximum number of candidates to be invited for the second stage of the procedure: 5

5.1.10 Award criteria

Criterion:

Type: Price

Name: Price

Description: The evaluation of the sub-criterion \"Price\" will be carried out in accordance with\n section 6.2.1 of the Tender Conditions.

Weight (percentage, exact): 50

Criterion:

Type: Quality

Name: Technical Solution

Description: The evaluation of the sub-criterion \"Technical Solution\" will be carried out in accordance\n with section 6.2.2 of the Tender Conditions.

Weight (percentage, exact): 40

Criterion:

Type: Quality

Name: Project Execution

Description: The evaluation of the sub-criterion \"Project Execution\" will be carried out in accordance\n with section 6.2.3 of the Tender Conditions.

Weight (percentage, exact): 10

5.1.11 Procurement documents

Languages in which the procurement documents are officially available: English

Address of the procurement documents: https://www.ethics.dk/ethics/eo#/6089389e-c04a-4223-aac5-708e54b48e01/publicMaterial

5.1.12 Terms of procurement

Terms of submission:

Electronic submission: Required

Address for submission: https://www.ethics.dk/ethics/eo#/6089389e-c04a-4223-aac5-708e54b48e01/homepage

Languages in which tenders or requests to participate may be submitted: English

Electronic catalogue: Not allowed

Variants: Not allowed

Tenderers may submit more than one tender: Not allowed

Deadline for receipt of requests to participate: 22-08-2024 10:00 +00:00

Terms of contract:

The execution of the contract must be performed within the framework of sheltered employment programmes: No

Conditions relating to the performance of the contract: Conditions of performance are described in the procurement documents.

A non-disclosure agreement is required: no

Electronic invoicing: Required

Electronic ordering will be used: no

Electronic payment will be used: yes

Financial arrangement: The financial arrangement is described in the procurement documents.

Information about review deadlines: The Danish Complaints Board for Public Procurement Act (Act no. 593 of 02.06.2016\n which is available at www.retsinformation.dk.) contain the regulation governing the\n deadlines for review procedures regarding public procurement under Danish law. Complaints\n concerning a candidate not being prequalified must be lodged with the Danish Complaints\n Board for Public Procurement (\"the Complaints Board\") within a 20 calendar day deadline\n starting the day after the day that ARC has sent notification to the candidates involved\n regarding ARC's selection decision, cf. section 7(1) of the Danish Complaints Board\n for Public Procurement Act. Other complaints must be lodged with the Complaints Board\n within a 45 calendar day deadline initiated by ARC's publication of a contract award\n notice in the Official Journal of the European Union. The first day of the deadline\n is the day following the publication date, cf. section 7(2)(i) of the Danish Complaints\n Board for Public Procurement Act. The complainant must notify ARC of the complaint\n in writing at the latest at the same time as the complainant lodges the complaint\n with the Complaints Board. Furthermore, the complainant must inform ARC as to whether\n or not the complaint has been lodged in the standstill-period and whether the complainant\n has requested the complaint to be given suspensory effect, cf. section 6(4) of the\n Danish Complaints Board for Public Procurement Act. To lodge a complaint with the\n Danish Complaints Board for Public Procurement the complainant must pay a fee of DKK\n 20,000.

5.1.15 Techniques

Framework agreement:

No framework agreement

Information about the dynamic purchasing system:

No dynamic purchase system

Electronic auction: no

5.1.16 Further information, mediation and review

Review organisation: Klagenævnet for Udbud

Organisation providing additional information about the procurement procedure: I/S Amager Ressourcecenter

Organisation providing more information on the review procedures: Konkurrence- og Forbrugerstyrelsen

TED eSender: Mercell Holding ASA