B-Brussels: UCA 058/07 — improvement and maintenance works for Council of the European Union buildings in Brussels

Country:

Belgium

City/Locality:

BRYJELLES

Notice/Contract Number:

eu:157442-2007

Publication Date:

May 21, 2008

Deadline:

Jun 2, 2008

Buyer:

COUNCIL OF THE EUROPEAN UNION

Original Language:

French

Address:

COUNCIL OF THE EUROPEAN UNION
BRUSSELS
Belgium

Web Site:

http://www.consilium.europa.eu/callstend/

Notice Type: CONS - Contract notice
Regulation of Procurement: European Institution/Agency or International Organisation
EU Official Journal Publication: 129/2007, #157442-2007
Contract Nature: Works
Procedure Type: Restricted procedure
Type of Bid Required: Global tender
Awarding Criteria: Lowest price

Summary:
Contract notice
Works
Section I: Contracting authority
I.1) Name, addresses and contact point(s): Council of the European Union,
General Secretariat, Procurement Coordination Unit, Office 1070 KL 77, rue
de la Loi 175, B-1048 Bruxelles/Brussel. Tel. (32-2) 281 80 62. E-mail:
coord.acquisitions@consilium.europa.eu. Fax (32-2) 281 80 93. URL:
http://www.consilium.europa.eu/callstend/.
Further information can be obtained from:
Aforementioned contact point(s).
Specifications and additional documents can be obtained from:
Aforementioned contact point(s).
Tenders or requests to participate must be sent to:
Council of the European Union, General Secretariat, rue de la Loi 175. For
security reasons, mail deliveries by bearer or by express courier services
will only be accepted at the following address: Chaussée d'Etterbeek 70,
quai de Déchargement (opening hours: 9:00 to 12:00 and 14:00 to 16:00) —
(NB: faxed or e-mailed requests to participate must be confirmed by
letter), Procurement Coordination Unit, Office 1070 KL 77, B-1048
Bruxelles. Tel. (32-2) 281 80 62. E-mail:
coord.acquisitions@consilium.europa.eu. Fax (32-2) 281 80 93. URL:
http://consilium.europa.eu/callstend/.
I.2) Type of contracting authority and main activity or activities:
European institution/agency or European organisation.
General public services.
The contracting authority is purchasing on behalf of other contracting
authorities: no.
Section II: Object of the contract
II.1) Description
II.1.1) Title attributed to the contract by the contracting authority:
UCA 058/07: improvement and maintenance works for Council of the European
Union buildings in Brussels.
II.1.2) Type of contract and location of works, place of delivery or of
performance: Works.
Execution of works.
Main site or location of works: B-Bruxelles.
NUTS code: BE100.
II.1.3) The notice involves: The establishment of a framework agreement.
II.1.4) Information on the framework agreement: Framework agreement with
a single operator.
Duration of the framework agreement: 7 years.
Justification for a framework agreement lasting more than 4 years: 4 years
with 3 possible 1-year renewals.
— The specific nature, complexity and size of the buildings require the
service provider to have in-depth knowledge of the installations and
know-how which can only be gained after a relatively long period of time,
and recouping this expense subsequently would be worthwhile.
— To ensure that activities in the buildings are not interrupted, the
contracting authority needs to be able to count on the reliability of the
services provided, which will depend heavily on the experience the service
provider gains on site.
— As work may be carried out in secure areas, the contractor and his staff
must have security clearance. Since obtaining such clearance takes some
time, the contract duration must therefore be sufficiently long to allow
the Council to benefit from it.
— The handover period from an old to a new contractor is very difficult,
given the need for staff from 2 different companies to be present on site
at the same time (for a period of several months), carrying out similar
services and needing to have access to a stock of common materials.
Estimated total value of purchases for the entire duration of the
framework agreement:
estimated value (excluding VAT):
range: between EUR 17 000 000 and EUR 35 000 000.
II.1.5) Short description of the contract or purchase(s): This contract
will involve design, performance and coordination, as main contractor, of
improvement, alteration and maintenance works to be carried out in
buildings owned or rented by the Council in Brussels.
A gross surface area of approximately 350 000 m² is involved
(superstructure and infrastructure).
The contract will cover the following in particular:
— building improvement and alteration works,
— preventive and corrective maintenance for carcassing, interior fittings
and finishings,
— coordination of the various parties involved, whether part of the
company, subcontractors or companies under contract with the Secretariat,
— various repair works and ad-hoc services when required,
— supply of the materials required to carry out said works.
II.1.6) Common procurement vocabulary (CPV): 45400000, 45000000.
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: No.
II.2) Quantity or scope of the contract
II.2.1) Total quantity or scope: The services are to be carried out in
buildings occupied by the Council of the European Union in the Brussels
region. At present, this mainly concerns 13 buildings (8 office buildings,
1 crèche, 3 warehouses and 1 shopping area), giving an approximate gross
surface area of 350 000 m² in total, including 250 000 m² above ground.
II.2.2) Options: Yes.
Description of these options: after the initial 4-year period, the
contract may be renewed for 3 periods of 1 year.
During the 3 years following conclusion of the initial contract, the
Council will be able to use the negotiated procedure without prior
publication of a contract notice for additional contracts involving
services and/or works similar to those assigned to the party awarded this
contract by the contracting authority.
Number of possible extensions: 3.
II.3) Duration of the contract or time limit for completion: Duration: 84
months 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: To be stated in the
specifications which will be sent to the candidates selected.
III.1.2) Main financing conditions and payment arrangements and/or
reference to the relevant provisions regulating them: To be stated in the
specifications which will be sent to the candidates selected.
III.1.3) Legal form to be taken by the grouping of economic operators to
whom the contract is to be awarded: Groupings are permitted to tender,
irrespective of their legal form. Groupings (or consortia) must state the
name of the company and the person responsible for the project and must
also submit a copy of the documents authorising said company or person to
tender or to sign a contract on behalf of the grouping/consortium.
Subcontracting is permitted, but only for activities which do not
constitute a major part of the contract. Tenderers must state clearly in
their tender which parts of the works and/or supplies will be
subcontracted. Subcontractors must be clearly named in tenders. All
members of the groupings (or consortia), subcontractors included, must
comply with the same exclusion criteria as tenderers.
III.1.4) Other particular conditions to which the performance of the
contract is subject: No.
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 whether requirements have been met:
candidates are required to submit an application package containing the
documents specified below (points III.2.1, III.2.2 and III.2.3).
All documents submitted must be recent ones (less than 3 months old at
date of publication of this notice).
If they fail to provide sufficient information, or if documents are
lacking, this may lead to the application being rejected.
Legal position — documents required:
in accordance with Article 93 of the Financial Regulation applicable to
the general budget of the European Communities, candidates will be
disqualified from participating in the contract if they:
(a) are bankrupt or being wound up, if their affairs are being
administered by the court or if they have entered into an arrangement with
creditors, if they have suspended business activities, if they are the
subject of proceedings of this nature or if they are in any analogous
situation arising from a similar procedure under national laws or
regulations;
(b) have been convicted of an offence concerning their professional
conduct by a judgment which has the force of res judicata;
(c) have been guilty of grave professional misconduct proven by any means
which the contracting authorities can justify;
(d) have not fulfilled their obligations to pay social-security
contributions or taxes in accordance with the legal provisions of their
country of residence or with those of the country of the contracting
authority, or those of the country where the contract is to be carried
out;
(e) have been the subject of a judgment which has the force of res
judicata for fraud, corruption, involvement in a criminal organisation or
any other illegal activity detrimental to the Communities' financial
interests;
(f) are currently the subject of an administrative penalty (exclusion from
contracts financed from the budget of the European Communities for a
maximum period of 10 years):
— either because they have been guilty, during another contract procedure,
of misrepresentation in furnishing the information required by the
contracting authority in order to take part in the contract in question,
or have not furnished said information,
— or because they have been declared to be in serious breach of contract
following another contract procedure.
In addition, candidates will be excluded from contract award if, at the
time of the procurement procedure, they:
(g) are in a situation where interests conflict;
(h) are guilty of misrepresentation in furnishing the information required
by the contracting authority in order to take part in the contract, or
have not furnished said information.
Candidates may provide proof that they are not in any of these exclusion
cases by:
— either enclosing with their request to participate a solemn declaration,
duly signed and dated by a legal representative of the company, clearly
specifying that they are not in any of the situations mentioned in points
(a), (b), (c), (d), (e), (f), (g) and (h). The form for this solemn
declaration can be found on the Council's web site
(http://consilium.europa.eu/callstend/). In this case, the candidate to
whom the contract will be awarded must furnish the means of proof listed
hereafter in support of his solemn declaration at the end of the procedure
(within 10 working days of notification of contract award and before
contract signature),
— or furnishing, at the request to participate stage, documentary evidence
covering points (a), (b), (d) and (e) and a solemn declaration covering
points (c), (f), (g) and (h) (for the solemn declaration form see:
http://consilium.europa.eu/callstend/).
The Secretariat will accept, as sufficient proof that candidates are not
in any of the situations specified in points (a), (b) or (e), an abstract
of the judicial record or, failing this, an equivalent document issued by
a judicial or administrative body in their country of origin or whence
they come, showing that these requirements have been met. The Secretariat
will accept, as sufficient proof that tenderers are not in the situation
specified in point (d), a certificate issued by the appropriate body in
the country concerned.
Should the document or certificate referred to above not be issued in the
country concerned, it may be replaced by a statement under oath or,
failing this, a solemn declaration made by the interested parties before a
judicial or administrative body, a notary or a qualified professional body
in their country of origin or whence they come.
In accordance with national legislation in the country in which candidates
reside, the aforementioned documents apply to legal entities and/or
natural persons including, should the Secretariat deem this necessary,
company directors or any person with powers of representation,
decision-making or control in relation to the tenderers.
III.2.2) Economic and financial capacity: Information and formalities
necessary for evaluating whether requirements have been met:
candidates must enclose the following documents with their request to
participate, so that their minimum economic capacity can be assessed:
(1) certificate of enrolment on the professional or trade register or a
statement under oath or a certificate in accordance with conditions laid
down in the Member State in which they reside;
(2) candidate companies resident in Belgium must have a licence for Class
8 Category D work (see law of 20.3.1991 and related executory decisions);
(3) candidate companies resident in another Member State must provide
proof of the following capacities (see Belgian law of 20.3.1991 and
related executory decisions):
— equity capital (sum posted to the balance sheet, minus sums owed to
company associates, shareholders, administrators or managers) of at least
EUR 1 800 000, as proven by a report from a chartered accountant or a
company auditor,
— solvency (ratio between equity capital and total assets) (a threshold of
21,7 % is required for companies subject to the simplified regime and 14,3
% for companies subject to the full regime) as proven by a report from a
chartered accountant or company auditor,
— overall annual turnover for works carried out over 3 of the past 8 years
of at least EUR 18 600 000, excluding VAT, for work carried out as main
contractor in buildings.
Minimum level of standards required: 1, 2 and 3. Companies who do not
comply with these minimum conditions will not be selected.
III.2.3) Technical capacity: Information and formalities necessary for
evaluating whether requirements have been met:
candidates must enclose the following documents with their request to
participate, so that their minimum technical capacity can be assessed:
(1) candidate companies resident in Belgium must have a licence for Class
8 Category D work (see law of 20.3.1991 and related executory decisions);
(2) candidate companies resident in another Member State must provide
proof of the following capacities (see Belgian law of 20.3.1991 and
related executory decisions):
— average manpower of at least 83 workers and 15 managerial staff during
any 3 half years in the past 5 years,
— proof, in the form of certificates signed by clients, of having worked
on at least 2 projects in the past 8 years as main contractor for public
or private works, each for works of a value exceeding EUR 3 465 000,
excluding VAT, or 3 projects, each of a value exceeding EUR 2 150 000,
excluding VAT, or 4 projects, each of a value exceeding EUR 1 470 000,
excluding VAT, or 5 projects, each of a value exceeding EUR 1 070 000,
excluding VAT;
(3) candidate companies must have carried out at least 3 works contracts
in the past 3 years in the field of building alteration or maintenance,
each with a value of at least EUR 2 000 000, excluding VAT. A certificate
signed by the client giving details of the services, costs and dates
involved must be provided;
(4) candidate companies must provide proof that their activities are
carried out in a structured and secure manner, in the form of VCA**
certification or equivalent European certification (Veiligheidscheklist
Aanemers) or BeSaCC (Belgian Safety Criteria for Contractors) or OHSAS
18001 (Occupational Health and Safety Assessment Series);
(5) candidate companies must furnish proof of ISO 9001 certification;
(6) in order to carry out services in certain buildings, the firm awarded
the contract, and the staff who will be working in these buildings, must
have EU Secret-level security clearance. Although proof of such security
clearance is not required at this stage, candidate companies must furnish
copies of any security clearance certificates they hold, as well as
information on their staff's security clearance. In addition, they must
submit a document certifying that, if awarded the contract, they will take
the necessary steps to obtain this additional security clearance as soon
as they receive notification of contract award. Further information will
be given in the specifications.
Candidates should enclose a table of contents with their request to
participate, listing the documents supplied with their application.
Minimum level of standards required:
1, 2, 3, 4 and 5. Companies who do not comply with these minimum
conditions will not be selected.
III.2.4) Reserved contracts: No.
Section IV: Procedure
IV.1) Type of procedure
IV.1.1) Type of procedure: Restricted.
IV.2) Award criteria
IV.2.1) Award criteria: Lowest price.
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:
UCA 058/07.
IV.3.2) Previous notice(s) published concerning the same contract: No.
IV.3.4) Final date for receipt of tenders or requests to participate:
20.8.2007.
IV.3.5) Date of dispatch of invitations to tender or to participate to
selected candidates: 14.9.2007.
IV.3.6) Language(s) in which tenders or requests to participate may be
drawn up: Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish,
French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian,
Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish or
Swedish.
IV.3.8) Conditions for opening tenders: Not applicable.
Section VI: Complementary information
VI.1) This is a recurrent procurement: No.
VI.2) Contract related to a project and/or programme financed by EU
funds: No.
VI.3) Additional information: Whilst working on the contracting
authority's premises, the contractor (both own personnel and
subcontractors) may come into contact with classified EU information. As a
result, the contracting authority reserves the right to request that the
contractor furnish proof of security clearance from his national security
body. In addition, some staff may be requested to furnish comparable
personal security clearance. Details will be given in the specifications.
The attention of interested parties is drawn to the aim of this notice,
i.e. to select candidates who will receive the specifications and be
invited to tender. They are therefore requested to furnish the information
listed in point III.2.
There is no charge for taking part in this contract procedure. The
specifications will, therefore, be sent free of charge to those candidates
invited to tender. Likewise, the act of tendering does not give tenderers
the right either to be awarded the contract or to receive any compensation
for costs incurred.
The contracting authority is under no obligation to award a contract
subsequent to this notice.
Requests to participate must be sent in writing to the address in point
I.1, quoting reference 'UCA 058/07'.
Faxed or e-mailed requests to participate must be confirmed by a letter
sent before the deadline given in point IV.3.4.
This is a restricted invitation to tender. No further documents can be
obtained at this stage. The specifications will be sent to shortlisted
candidates only.
VI.4) Procedures for appeal
VI.4.1) Body responsible for appeal procedures: Court of First Instance
of the European Communities, boulevard Konrad Adenauer, L-2925 Luxembourg.
E-mail: ECJ.Registry@circa.europa.eu. Fax (352) 43 37 66. URL:
http://curia.europa.eu.
Body responsible for mediation procedures:
European Ombudsman, 1, avenue du Président Robert Schuman, BP 403, F-67001
Strasbourg Cedex. Tel. (33) 388 17 23 13. E-mail:
euro-ombudsman@europarl.europa.eu. Fax (33) 388 17 90 62. URL:
http://www.euro-ombudsman.europa.eu.
VI.4.2) Lodging of appeals: Precise information on deadline(s) for
lodging appeals:
within 2 months of notice being given to the plaintiff or, should no
notice be given, within 2 months of the date on which cognisance is taken
of the matter cited. A complaint made to the European Ombudsman will not
lead to this period being suspended nor cause a new period to begin during
which appeals can be lodged.
VI.4.3) Body from which information about the lodging of appeals may be
obtained: Council of the European Union, General Secretariat, rue de la
Loi 175, B-1048 Bruxelles. Tel. (32-2) 281 80 62. E-mail:
coord.acquisitions@consilium.europa.eu. Fax (32-2) 281 80 93. URL:
http://ue.eu.int/callstend/.
VI.5) Date of dispatch of this notice: 26.6.2007.

Update: May 21, 2008

Notice Type: CONS
-
Additional information
Regulation of Procurement: European Institution/Agency or International Organisation
EU Official Journal Publication: 97/2008
, #
130178-2008
Referenced Document Number: 157442-2007
Contract Nature: Works
Procedure Type: Restricted procedure
Type of Bid Required: Global tender
Awarding Criteria: Lowest price

Summary:
Cancellation notice
('Supplement to the Official Journal of the European Union' No S 129 of
7.7.2007, restricted procedure, 157442-2007)
Council of the European Union, General Secretariat, Procurement
Coordination Unit, Office 1070 KL 77, rue de la Loi 175, B-1048
Bruxelles/Brussel. Tel. (32-2) 281 80 62. Fax (32-2) 281 80 93. E-mail:
tendering@consilium.europa.eu. URL: http://www.consilium.europa.eu/
callstend/.
NB:
As an insufficient number of candidates submitted tenders, the General
Secretariat of the Council considers that the conditions for
satisfactorily respecting the fundamental principles of competition in the
broadest possible sense as per Article 89 of the Financial Regulation and
sound financial management as per Article 27 of the Financial Regulation
have not been met, and has decided to cancel this invitation to tender
procedure.
Candidates who submitted a file will be notified personally of this
cancellation. A restricted procedure, UCA 058(bis)/07, will be launched at
the end of the second quarter of 2008.

B-Brussels: UCA 058/07 — improvement and maintenance works for Council of the European Union buildings in Brussels

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