Norvegia – Ambarcaţiuni – Procurement of two petrol-powered service boats for the archipelago service in the Inner Oslo Fjord.

Is the supplier known to have committed a breach of environmental obligations as set out in national law, the relevant notice or procurement documents, or Article 18(2) of Directive 2014/24/EU? Is the supplier known to have committed a breach of provisions regarding social conditions as set out in national law, the relevant notice or the procurement documents, or Article 18(2) of Directive 2014/24/EU? The contracting authority shall state that national grounds for exclusion apply in Norway. These must be described in the procurement documents. The supplier must state whether they fall within one or more of the situations described in the national grounds for exclusion. N/A The supplier must have extensive experience from relevant and comparable assignments. "Relevant and comparable assignments" refers to experience with the design, construction, and delivery of commercial vessels or workboats with catamaran hulls. Documentation requirements: A brief description of up to three of the most significant relevant deliveries of commercial vessels/workboats from the past five years must be provided. The description must include: • Details regarding the contract value and date of delivery. • Name of the client (including contact person). • A brief description of the scope of the assignment, including hull type (catamaran) and propulsion technology. Is the supplier known to have committed a breach of obligations regarding working conditions as set out in national law, the relevant notice or the procurement documents, or Article 18(2) of Directive 2014/24/EU? State why it is nevertheless possible to perform the contract under the aforementioned circumstances, taking into account applicable national provisions and measures regarding the continuation of business activities. This information need not be provided if the exclusion of suppliers in such a situation is mandatory under applicable national law without the possibility of an exception, even where the supplier is nevertheless able to perform the contract. Oslo District Court Has the supplier itself, or a person who is a member of the supplier’s administrative, management, or supervisory body—or who has the power to represent, control, or make decisions within such bodies—been convicted by a final judgment of fraud (as referred to in Article 1 of the Convention on the protection of the European Communities’ financial interests, OJ C 316 of 27.11.1995, p. 48) in a judgment delivered no more than five years ago, or is an exclusion period specified directly in the judgment still in effect? The supplier must be capable of fulfilling the contract requirements regarding due diligence for responsible business conduct, cf. Clause 12.1 of the contract form. This means that the Supplier has implemented measures and systems used in its operations to safeguard fundamental human rights and decent working conditions, as well as to prevent environmental degradation and corruption. Documentation requirements: A description of the Supplier’s systems for conducting due diligence in accordance with the UN Guiding Principles on Business and Human Rights (UNGP) and the OECD Guidelines for Multinational Enterprises. The documentation shall include: · Formal policies/guidelines that include a commitment to comply with requirements for responsible business conduct. Reduction of environmental impact Artifik AS Requirements relating to the supplier's registration, authorizations, etc. Climate and environmental considerations are not included as a separate award criterion in this procurement. The contracting authority considers that climate and environmental considerations are more effectively addressed through the technical specifications, cf. Section 5 b of the Public Procurement Act. Requirements are set regarding, among other things, engine technology, emission standards, compatibility with E10 petrol, and provision for future conversion to electric propulsion. The contracting authority has considered electric propulsion, but experience from the previous procurement process showed that the market could not supply vessels meeting the contracting authority's needs within the available budget. Petrol-powered vessels are therefore being procured. Has the supplier itself, or a person who is a member of the supplier’s administrative, management, or supervisory body or has the power to represent, control, or make decisions within such bodies, been convicted by a final judgment of corruption—either in a judgment delivered no more than five years ago or where an exclusion period specified directly in the judgment is still applicable? Corruption as defined in Article 3 of the Convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union (OJ C 195, 25.6.1997, p. 1) and in Article 2(1) of Council Framework Decision 2003/568/JHA of 22 July 2003 on combating corruption in the private sector (OJ L 192, 31.7.2003, p. 54). This ground for exclusion also covers corruption as defined in the national law of the contracting authority or the supplier. Has the supplier itself, or a person who is a member of the supplier’s administrative, management, or supervisory body or has the power to represent, control, or make decisions within such bodies, been convicted by a final judgment—handed down no more than five years ago, or where an exclusion period specified directly in the judgment is still in effect—of terrorist offences or offences linked to terrorist activities? Terrorist offences or offences linked to terrorist activities are defined in Articles 1 and 3 of Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (OJ L 164, 22.6.2002, p. 3). This ground for exclusion also covers incitement to, aiding or abetting, or attempting to commit such offences, as referred to in Article 4 of the said Framework Decision. The City of Oslo, through the Agency for Urban Environment, invites tenders for the purchase of two operational vessels for use in the inner Oslo Fjord. The procurement covers a single contract for two operational vessels built on a common platform with virtually identical catamaran hulls. The vessels are to be designed to allow for potential future conversion to electric propulsion. The vessels will replace existing craft and be used for operational tasks, maintenance, and archipelago services in the inner Oslo Fjord. Both vessels are to be delivered with a petrol-powered propulsion system: Operations vessel 1 will be based at Hovedøya. Operations vessel 2 will be based at Håøya. The operational tasks require robust vessels capable of beaching and docking in shallow waters, as well as operating in narrow and confined bays. Requirements relating to the supplier's economic and financial capacity Quality Is the supplier in a situation of bankruptcy? Please state why, under the aforementioned circumstances, the supplier is nevertheless able to perform the contract, taking into account applicable national provisions and measures regarding the continuation of business activities. It is not necessary to provide this information if the exclusion of suppliers in such a situation is mandatory under applicable national law without the possibility of an exception, even where the supplier is able to perform the contract. Is the supplier aware of a conflict of interest as specified in national law, the relevant notice, or the procurement documents? Has the supplier, or an entity affiliated with the supplier, provided advice to the contracting authority or otherwise been involved in the planning of the procurement process? Has the supplier committed a significant breach of contract in connection with the performance of a previous public contract, a previous contract with a contracting authority or a previous concession contract, where the breach led to termination of the contract, damages or other comparable sanctions? Has the supplier itself, or a person who is a member of the supplier’s administrative, management, or supervisory body—or who has the authority to represent, control, or make decisions within such bodies—been convicted by a final judgment of an offense concerning professional conduct in the field of defense procurement? Has the supplier been assessed as lacking the reliability necessary to rule out risks to national security? City of Oslo, Agency for Urban Environment Has the supplier committed serious professional misconduct? Where relevant, refer to definitions in national law, the relevant notice, or the procurement documents. Has the supplier entered into agreement(s) with other suppliers with the intention of distorting competition? Is the supplier in a situation of insolvency? Please state why, under the aforementioned circumstances, it is nevertheless able to perform the contract, taking into account applicable national provisions and measures regarding the continuation of business activities. It is not necessary to provide this information if the exclusion of suppliers in such a situation is mandatory under applicable national law without the possibility of an exception, even when the supplier is able to perform the contract. Requirements relating to the supplier's technical and professional qualifications Has the supplier itself, or a person who is a member of the supplier’s administrative, management, or supervisory body or has the power to represent, control, or make decisions within such bodies, been convicted by a final judgment—handed down no more than five years ago—of child labour or other forms of trafficking in human beings, or is an exclusion period set directly in the judgment still in effect? Child labour and other forms of trafficking in human beings as defined in Article 2 of Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA (OJ L 101, 15.4.2011, p. 1). Has the supplier itself, or a person who is a member of the supplier’s administrative, management, or supervisory body or has the power to represent, control, or make decisions within such bodies, been convicted by a final judgment—handed down no more than five years ago—of participation in a criminal organization, or is an exclusion period specified directly in the judgment still in effect? Participation in a criminal organization as defined in Article 2 of Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organized crime (OJ L 300, 11.11.2008, p. 42). Has the supplier failed to fulfill all its obligations regarding the payment of taxes and charges, both in the country where it is established and in the contracting authority's Member State, if this is a country other than the one where it is established? Has the supplier: a) provided grossly incorrect information when supplying the information required to verify the absence of grounds for exclusion or compliance with qualification requirements, b) failed to provide such information, c) withheld the supporting documents requested by the contracting authority, or d) unduly influenced the contracting authority’s decision-making process to obtain confidential information that could confer an unfair advantage in the competition, or negligently provided misleading information that could materially influence decisions regarding exclusion, selection, or award? Has the supplier itself, or a person who is a member of the supplier’s administrative, management, or supervisory body—or who has the power to represent, control, or make decisions within such bodies—been convicted by a final judgment of money laundering or terrorist financing within the last five years, or is an exclusion period specified directly in the judgment still in effect? Money laundering or terrorist financing: As defined in Article 1 of Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (OJ L 309, 25.11.2005, p. 15). Has the supplier failed to fulfill all its obligations to pay social security contributions both in the country where it is established and in the client's Member State, if this is a country other than the one where it is established? Is the supplier subject to a compulsory debt settlement arrangement? Please state why, under the aforementioned circumstances, the supplier is nevertheless able to perform the contract, taking into account applicable national provisions and measures regarding the continuation of business activities. This information need not be provided if the exclusion of suppliers in such a situation is mandatory under applicable national law without the possibility of an exception, even where the supplier is able to perform the contract. Procurement of two petrol-powered service boats for the archipelago service in the Inner Oslo Fjord. Price The supplier must possess sufficient economic and financial capacity to fulfill the contract. Documentation requirements: A credit assessment/rating issued no more than six months prior to the tender submission deadline, based on the latest known financial figures. The rating must be issued by an approved credit analysis agency (e.g., Dun and Bradstreet, Experian, etc.) To be considered qualified, a credit rating of at least A (good creditworthiness) or equivalent is required. If the supplier has a valid reason (e.g., a newly established company) for not submitting the documentation required by the contracting authority, they may demonstrate their economic and financial capacity using any other document that the contracting authority deems suitable. The supplier must be a legally established business entity. Documentation requirements: Norwegian companies: Certificate of registration from the Register of Business Enterprises. Foreign companies: Proof that the company is registered in a trade or business register as prescribed by the legislation of the country where the supplier is established. 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