Norvegia – Lucrări de construcţii – Temporary framework agreements for the procurement of compound tradesman services.

Environmental management system N/A Is the tenderer aware of breaches of provisions on social conditions as stated in national law, the relevant notice or procurement documents or Article 18 (2) of Directive 2014/24/EU. Has the tenderer or an entity associated with the supplier advised the contracting authority or in another way been involved in the planning of the competition? Oslobygg KF needs to establish a temporary framework agreement for compound trade services. The background for the procurement is an ongoing dispute relating to the ordinary procurement of a framework agreement for compound tradesman services. As a result of the dispute, the implementation of the ordinary procurement is pending. Oslobygg has a continual and significant need for trade services connected to the operation, maintenance and development of the company's property portfolio. It is therefore necessary to ensure sufficient capacity and continuity in the service delivery until the ordinary framework agreement can be established. Based on this, Oslobygg is carrying out a temporary procurement of compound trade services. The framework agreement shall cover Oslobygg ́s temporary needs and will i.a. include service assignments, ongoing maintenance and major maintenance projects where there may be a need for coordination of several trades. The framework agreement will be valid for 9 months, with an option for Oslobygg to extend the contract for a further 3 months. The total maximum agreement period is therefore 12 months. The temporary framework agreement is intended as a transitional solution up until the situation connected to the ordinary procurement has been clarified and the new ordinary framework agreement can come into force. Other economic or financial requirements Is the tenderer himself or a person, who is a member of the tenderer's administration, management or supervisory body, or has the competence to represent or control or make decisions in such bodies, in the event a legal verdict has been convicted of acts of terrorism or criminal acts connected to terrorist activities by a verdict handed down no more than five years ago, or a rejection period set directly in the judgement that still applies? Acts of terrorism or criminal acts relating to terrorist activity as defined in Article 1 and 3 of the Council ́s framework decision 2002/475/RIA of 13 June 2002 on combating terrorism (EFT L 164, af 22.6.2002, p. 3). This rejection reason also includes incitement to, participation or attempts to commit such actions as included in Article 4 in the mentioned framework decision. Is the tenderer himself or a person, who is a member of the tenderer's administration, management or supervisory body, or has the competence to represent or control or make decisions in such bodies, have been legally convicted of offences regarding professional behaviour in defence procurements? Is the tenderer in a bankruptcy situation? Specify why, under the mentioned circumstances, one is able to carry out the contract, considering the current national provisions and measures for continuing the business activities? It is not necessary to provide this information if rejection of tenderers in such a situation is obligatory in accordance with the current national law with no exceptions, when the tenderer is still able to carry out the contract. Artifik AS Is the tenderer assessed to lack the reliability necessary to exclude the risk of national security? Has the tenderer entered into agreement(s) with other tenderers with the intention of turning the competition? Have tenderers failed to fulfil all their social security obligations in the country where they are established and in their member state, if this is a different country than what he is established in? Tenderers shall have a satisfactory quality assurance system. Documentation requirements: · The tenderer ́s description of the quality assurance system. or Certificate for the tenderer's quality assurance system issued by independent bodies which certify that the tenderer fulfils certain quality assurance standards, e.g. ISO9001:2015. Is the tenderer aware of breaches of environmental provisions as stated in national law, the relevant notice or procurement documents or Article 18 (2) of Directive 2014/24/EU. Has the tenderer committed significant breaches of contract in connection with the fulfilment of a previous public contract, a previous contract with a public contracting authority or a previous concession contract, where the breach has led to the cancellation of the contract, compensation or other similar sanctions? Climate and environmental considerations are not weighted as an award criteria by 30%. It is chosen to have strict minimum requirements for the environment that, according to the contracting authority ́s assessment, will clearly give a better climate or environmental effect than to set up the environment as an award criterion. Pursuant to the Public Procurement Act § 5b, 2nd paragraph, the last sentence, the Contracting Authority is obliged to state a justification for this in the competition documents. In this procurement there are requirements regarding emission free construction site. All machines that are used in the contract shall be emission free and all work shall be carried out emission free. Separate requirements have been set in the contract for emission free transports. Climate gas emissions related to material use in the contract/requirement specifications require collection of EPD for the largest procurements in the assignments, as well as requirements for the maximum allowed greenhouse gas emissions for some main materials. There are separate requirements for the use of re-use materials in the contract, with a higher mark-up for the use of such goods. Active use of the re-use warehouse Reconstruction, where the Contracting Authority is a partner, as well as other commercial re-use systems and markets. The contract states that waste from the construction site shall be source sorted and a minimum of 90 percent of the waste shall be sorted and delivered to a certified waste disposal site or directly for recycling. Surplus materials shall not be discarded. The contract/requirement specifications mean that the tenderer shall find measures and ensure good solutions for waste reduction in the assignments in the contract. According to the contracting authority ́s assessment, the above mentioned requirements will clearly give a better climate and environmental effect than the equivalent award criteria in the procurement. The exclusionary provision in the Public Procurement Act § 5b, 2 paragraphs, 3rd period will therefore apply. Tenderers shall have good financial capacity to carry out the assignment and must have had a minimum turnover of NOK 50 million per annum on average for the last three fiscal years. Documentation requirements: · The contracting authority will obtain a credit rating based on the last known accounting figures. · The contracting authority reserves the right to obtain annual accounts or other documentation if this is necessary to evaluate the requirement. Tenderers can submit all documentation that they believe is relevant for assessing their financial capacity. Assignment comprehension and execution The contracting authority shall state that in Norway there are national rejection reasons. These shall be described in the procurement documents. Tenderers must respond to whether they are in one or more of the situations described in the national rejection reasons. Quality assurance system Is the tenderer himself or a person, who is a member of the tenderer's administration, management or supervisory body or has the competence to represent or control or make decisions in such bodies, by enforceable judgement been convicted of corruption by a verdict handed down not more than five years ago, or a rejection period determined directly in the judgement that still applies? Corruption as defined in Article 3 of the Convention on Combating Corruption, involving European Communities or European Union member states (EUT C 195 of 25.6.1997, s. 1), and in Article 2, point 1, in the Council ́s framework decision 2003/568/RIA of 22 July 2003 on combating corruption in the private sector (EUT L 192 of 31.7.2003, p. 54). This rejection reason also includes corruption as defined in national law for the contracting authority or supplier. Is the tenderer himself or a person, who is a member of the tenderer's administration, management or supervisory body or has the competence to represent or control or make decisions in such bodies, at the time a legally convicted verdict of participation in a criminal organisation by a verdict handed down no more than five years ago, or a rejection period set out directly in the judgement that still applies? Participation in a criminal organisation as defined in Article 2 of the Council ́s framework decision 2008/841/RIA of 24 October 2008 on control of organised crime (EUT L 300 of 11.11.2008, p. 42). The temporary parallel framework agreements will be valid for 9 months, with an option for an extension for three months. Is the tenderer aware of a conflict of interest as stated in national law, the relevant notice or procurement documents? Is the tenderer himself or a person, who is a member of the tenderer's administration, management or supervisory body or has the competence to represent or control or make decisions in such bodies, in the event a legal verdict has been convicted of money laundering or financing terrorism by a verdict handed down no more than five years ago, or a rejection period set out directly in the judgement that still applies? Money laundering or financing terrorism As defined in Article 1 of the European Parliament and Council Directive 2005/60/EF of 26 October 2005 on preventive measures against the use of the financial system for money laundering and financing terrorism (EUT L 309 of 25.11.2005, p. 15). Is the tenderer himself or a person, who is a member of the tenderer's administration, management or supervisory body or has the competence to represent or control or make decisions in such bodies, in the event a legal verdict has been convicted of child labour and other forms of human trafficking by a verdict handed down no more than five years ago, or a rejection period determined directly in the judgement that still applies? Child labour and other forms of human trafficking as defined in Article 2 of the European Parliament and council directive 2011/36/EU of 5. 1 April 2011 on the prevention and control of human trafficking and the protection of its victims and for compensation of the Council ́s framework decision 2002/629/RIA (EUT L 101 of 15.4.2011, p. 1). Company Registration Certificate Is the tenderer himself or a person, who is a member of the tenderer's administration, management or supervisory body or has the competence to represent or control or make decisions in such bodies, at the time a legally convicted of fraud has been convicted of fraud by a verdict handed down not more than five years ago, or a rejection period determined directly in the judgement that still applies? Fraud included in Article 1 of the Convention on protection of the Financial Interests of the European Communities (EFT C 316 of 27.11.1995, p. 48). Has the tenderer: a) given grossly incorrect information with the notification of the information required to verify that there is no basis for rejection, or of the qualification requirements being fulfilled, b) failed to provide such information, c) made reservations immediately to present the supporting documents requested by the contracting authority, or d) improperly affected the contracting authority ́s decision process to acquire confidential information that could give this an unlawful advantage in connection with competition, or negligently has given misleading information that can have a significant influence on decisions on rejection, selection or award? The tenderer shall be a legally established company. Documentation requirements: Norwegian companies: Company Registration Certificate. Foreign companies: Proof that the company is registered in a trade or business register as prescribed by the law of the country where the company is established. Reference assignment Oslo tingrett Has the tenderer committed serious errors in professional practice? If relevant, see the definitions in national law, the relevant notice or procurement documents. Specify why, under the mentioned circumstances, one is able to carry out the contract, considering the current national provisions and measures for continuing the business activities? It is not necessary to provide this information if rejection of tenderers in such a situation is obligatory in accordance with the current national law with no exceptions, when the tenderer is still able to carry out the contract. Price Is the tenderer in an insolvency situation? Specify why, under the mentioned circumstances, one is able to carry out the contract, considering the current national provisions and measures for continuing the business activities? It is not necessary to provide this information if rejection of tenderers in such a situation is obligatory in accordance with the current national law with no exceptions, when the tenderer is still able to carry out the contract. Tenderers shall have a satisfactory environmental management system. Documentation requirements: The tenderer ́s description of the environmental management system. or Certificate for the tenderer's environmental management system or environmental management standards issued by independent bodies, f.eks. ISO 14001, Miljøfyrtårn ,EMAS. Has the tenderer not fulfilled all of his tax and duty obligations in both the country where he is established and in the contracting authority's member state, if this is a different country than what he is established in? Temporary framework agreements for the procurement of compound tradesman services. Tenderers shall have good experience from comparable assignments, including framework agreements with private and/or public entities. Documentation requirements: An overview of a minimum of 2 and maximum 3 of the most important comparable framework agreements that the tenderer has carried out in the last five years, together with certificates of satisfactory execution of the most important work. Completed template for documentation of experience, see annex 19. Is the tenderer aware of breaches of provisions on working conditions as stated in national law, the relevant notice or procurement documents or Article 18 (2) of Directive 2014/24/EU. Oslo kommune v/ Oslobygg KF Is the supplier in a situation where he has been forced debt arrangement? Specify why, under the mentioned circumstances, one is able to carry out the contract, considering the current national provisions and measures for continuing the business activities? 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