Norvegia – Produse chimice – Framework agreement for the purchase of chemicals, as well as service, maintenance and advice for swimming facilities.

The contracting authority shall enter into a framework agreement with one tenderer for the purchase of chemicals, service and maintenance as well as consultancy services for bathing installations/installations.  Oslobygg KF currently has a portfolio consisting of sports and public baths as well as school baths. The portfolio also includes baths that are only operated in season. Several new swimming facilities are planned to be completed in the next few years. The portfolio will be dynamic and bathing facilities can be removed or added if needed. Further details and an overview of facilities related to the property portfolio for Oslobygg KF are stated in annex 1.  The contracting authority ́s estimated need for chemicals for bathing facilities as well as service, maintenance and advice is estimated to NOK 12 million excluding VAT per annum. This is equivalent to NOK 48 million excluding VAT over the framework agreement ́s four year period. In order to take into account unforeseen conditions that can give increased consumption, the maximum amount is NOK 60 million excluding VAT during the entire framework agreement period. Environmental management system Tenderers shall have sufficient capacity and delivery ability to fulfil the contract. Documentation requirements: · A description shall be given of the tenderer's technical personnel and technical units that the tenderer can use for fulfilment of the contract. Requirements can be documented with a competence matrix or organisation chart. 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? Economic and financial capacity 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. Price form 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. Reduction of environmental impact 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? Capacity 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? The tenderer must have sufficient financial capacity to be able to carry out the assignment. 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. 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, f.eks. ISO 9001:2015. 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. In this competition the contracting authority has chosen to set minimum requirements for climate and environment, rather than set up the award criteria. The procurement concerns the purchase and delivery of chemicals for swimming facilities, as well as service, maintenance and advice for bathing installations. The types of chemicals that shall be procured are mainly determined by the bathing facilities ́ technical design, the existing equipment and the need for reliable and efficient water treatment. It is, therefore, not appropriate to set up the award criteria for the use of different chemicals. The procurement ́s most significant impact on climate and environment is related to transport and delivery logistics, risk for waste and emissions, packaging handling and efficient operation and maintenance of the bathing technical installations. The contracting authority has assessed that these conditions are most efficiently taken care of through requirements in the requirement specifications and contract, than through an award criteria that is weighted with 30 percent. Transport shall be carried out by zero emission vehicles or biogas vehicles that fulfil minimum Euro class 6/VI for the procurement of all types of services and goods under the framework agreement, proper delivery and unloading, product documentation and systematic environmental monitoring. The requirements apply throughout the contract period and are followed-up through documentation, reports, contract meetings and contract sanctions. When the chemical types are technically predetermined and the execution is subject to environmental requirements, a separate environmental criterium is assessed as less appropriate. The contracting authority therefore considers that the requirements collectively give a better climate and environmental effect than the use of climate and environment as the award criteria, cf. the Public Procurement Act § 5 b second paragraph. Quality assurance system Experience from comparable contracts 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). Framework agreement for the purchase of chemicals, as well as service, maintenance and advice for swimming facilities. 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. 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. 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. 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? Tenderers must have experience with the execution of service and maintenance of swimming technical installations; including experience on installations with sand filtration, ultra-filtration and water recovery. Documentation requirements: An overview of the 3-5 most relevant work that the tenderer has carried out in the last three years; including information on the value, date, recipient and relevant experience acquired. 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 Assignment comprehension 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? 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. 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