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OJ/S S132 12/07/2012 219912-2012-EN

Member states - Supply contract - Contract notice - Negotiated procedure

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This notice in TED website: http://ted.europa.eu/udl?uri=TED:NOTICE:219912-2012:TEXT:EN:HTML

B-Diegem: optical telecommunication cables 2012/S 132-219912 Contract notice – utilities Supplies Directive 2004/17/EC Section I: Contracting entity I.1) Name, addresses and contact point(s) Elia Asset N.V. Elia Prater Building - Culliganlaan 1G For the attention of: Jan BorrÊ 1831 Diegem BELGIUM Telephone: +32 25467193 E-mail: jan.borre@elia.be Fax: +32 25467840 Internet address(es): General address of the contracting entity: www.elia.be Further information can be obtained from: The above mentioned contact point(s) Specifications and additional documents (including documents for a dynamic purchasing system) can be obtained from: The above mentioned contact point(s) Tenders or requests to participate must be sent to: The above mentioned contact point(s) I.2)

Main activity Electricity

I.3)

Contract award on behalf of other contracting entities The contracting entity is purchasing on behalf of other contracting entities: no

Section II: Object of the contract II.1) Description II.1.1)

Title attributed to the contract by the contracting entity: Delivery of fiber optical cable and ducts.

II.1.2)

Type of contract and location of works, place of delivery or of performance Supplies Purchase Main site or location of works, place of delivery or of performance: Belgium. NUTS code BE

II.1.3)

Information about a public contract, a framework agreement or a dynamic purchasing system (DPS) The notice involves the establishment of a framework agreement

II.1.4)

Information on framework agreement Framework agreement with a single operator Duration of the framework agreement

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Duration in years: 5 Estimated total value of purchases for the entire duration of the framework agreement Estimated value excluding VAT Range: between 1 500 000,00 and 3 000 000,00 EUR II.1.5)

Short description of the contract or purchase(s): Delivery of fiber optical cable and ducts for upgrade of the data network between and in substations of a high voltage network.

II.1.6)

Common procurement vocabulary (CPV) 32562200, 32520000, 32560000, 32412100, 32410000, 32521000, 32561000

II.1.7)

Information about Government Procurement Agreement (GPA) The contract is covered by the Government Procurement Agreement (GPA): no

II.1.8)

Information about lots This contract is divided into lots: yes Tenders may be submitted for one or more lots

II.1.9)

Information about variants Variants will be accepted: yes

II.2)

Quantity or scope of the contract

II.2.1)

Total quantity or scope:

II.2.2)

Information about options Options: no

II.2.3)

Information about renewals This contract is subject to renewal: yes Number of possible renewals: 1 In the case of renewable contracts, estimated time-frame for subsequent calls for competition: in days: 730 (from the award of the contract)

II.3)

Duration of the contract or time limit for completion Starting 3.12.2012 Completion 4.12.2017

Information about lots Lot No: 1 Lot title: Delivery of conventional fiber optical cable 1) Short description: Delivery of conventional fiber optical cable. 2)

Common procurement vocabulary (CPV) 32562200, 32520000, 32560000, 32412100, 32410000, 32521000, 32561000

Lot No: 2 Lot title: Delivery of ducts for conventional fiber optical cable 1) Short description: Delivery of conventional ducts for fiber optical cable. 2)

Common procurement vocabulary (CPV) 32562200, 32520000, 32560000, 32412100, 32410000, 32521000, 32561000

Lot No: 3 Lot title: Delivery of micro fiber optical cables and related ducts 12/07/2012 S132 http://ted.europa.eu/TED

Member states - Supply contract - Contract notice - Negotiated procedure Supplement to the Official Journal of the European Union

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OJ/S S132 12/07/2012 219912-2012-EN

Member states - Supply contract - Contract notice - Negotiated procedure

1)

Short description: Delivery of micro fiber optical cables and related ducts.

2)

Common procurement vocabulary (CPV) 32562200, 32520000, 32560000, 32412100, 32410000, 32521000, 32561000

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Section III: Legal, economic, financial and technical information III.1) Conditions relating to the contract III.1.1)

Deposits and guarantees required: If applicable, will be described in the call for tenders.

III.1.2)

Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them: If applicable, will be described in the call for tenders.

III.1.3)

Legal form to be taken by the group of economic operators to whom the contract is to be awarded: If applicable, will be described in the call for tenders.

III.1.4)

Other particular conditions: The performance of the contract is subject to particular conditions: yes Description of particular conditions: The contract(s) will contain a SLA (Service Level Agreement) with application of penalties. All the contractual documents will be in Dutch and/or in French. The required reporting by the contractor to the contracting entity regarding the execution of the contract will be in Dutch and/or in French. The applicant has to provide the contracting entity altogether with his request the questionnaire "Vendors Questionnaire" (available at Vendors questionnaire works or at demand), entirely completed (4 sheets) with the most actual available company and product data.

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 if the requirements are met: 1. The applicant may be excluded from participating in the contract if he: a) is bankrupt or is being wound up, whose affairs are being administered by the court, who has entered into an arrangement with creditors, has suspended business activities or is an any analogous situation arising form a similar procedure under national laws and regulations; b) is the subject of proceedings for a declaration of bankruptcy, for an order for compulsory winding up or administration by the court or for an arrangement with creditors or of any similar proceedings under national laws or regulations; c) has been convicted of an offence concerning his professional conduct by a judgment which has the force of res judicata; d) has been guilty of grave professional misconduct proved by any means which the contracting entity can justify; e) is guilty of serious misrepresentations in supplying the information herein required. f) does not submit a recent certificate of good behaviour or extract from the “judicial record�. These documents may be replaced by a declaration on oath, available at the following address: sworn statement. g) has not fulfilled obligations relating to the payment of social security contributions in accordance with the legal provisions of the country in which he is established or with those of the country of the contraction entity;

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h) has not fulfilled obligations relating to the payment of taxes in accordance with the legal provisions of the country in which he is established or those of the country of the contracting authority; i) does not submit a recent certificate of non bankruptcy or of absence of proceedings for a declaration of bankruptcy or of absence of a similar situation or proceeding issued by the registry of the Court of Commerce or by the competent authority of another state. With regard to points g, h and i, the applicant has to submit a certificate issued by the competent authority in the Member State concerned. In case of a joint venture, each of the partners separately has to submit the documents mentioned above. Furthermore, a joint venture has to submit copy of the act of its establishment and of the proxies concerning representation. The Contracting entity reserves the right to demand at any time from the applicant the written evidence and all the justificatory, official documents related to the legal position as specified above. 2. The applicant or his subcontractors has to submit a certificate proving his registration as a Belgian contractor, if any. III.2.2)

Economic and financial ability Information and formalities necessary for evaluating if the requirements are met: The applicants have to submit the following documents: bank statements, balance sheets, statements of the overall turnover and a calculation sheet with the financial ratio’s proving their financial solvability (based on e.g. liquidity ratio, solvency, efficiency ratio, etc) for the past three years. This calculation sheet is available as 4th sheet in the Vendors Questionnaire. List those companies who are able to offer similar services/supplies/works and which have directly or indirectly control over you company or is controlled directly or indirectly by your company. Control being defined as having the possibility to influence materially the appointment of the majority of directors and/or the orientation of the strategy and governance. Describe the shareholder structure.

III.2.3)

Technical capacity Information and formalities necessary for evaluating if the requirements are met: The applicants need to provide the following documents and/or information: 1. three huge scale European references of similar achievements (by indicating their volume) during the last 3 years; 2. the indication whether they intend to subcontract part of the supplies and services, and if subcontracting will be applied, the description of the subcontracted parts; 3. an ISO-9000 certificate or any other equivalent-level certification in the field concerned; 4. proof of a Quality System taking into account the return of experience with the clients through corrective acts; 5. description of the qualifications and the yearly production capacity of the applicant and, more in particular, of the production facilities which will be used to produce the proposed materials whether or not they belong to the applicant; 6. proof of the ability of the contact person and the person in charge of the on site delivery to communicate orally and in writing in Dutch and/or French; 7. an organisation chart showing main functional responsibilities; 8. a statement of the firm’s average annual manpower and the number of managerial staff for the last three years; 9. a VCA or BeSaCC certificate or any other equivalent-level safety certification in the field concerned;

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10. proof of good figures concerning the degree of seriousness and frequency of accidents at work of the company during the past 5 years; 11. a EMAS or ISO-14001 certificate or any other equivalent-level certification in the field concerned; 12. additional certificates concerning quality, environment and safety, if any; 13. description of the intervention procedure and average intervention times following urgent phone calls. The absence of the requested documents and/or sufficient proof will not automatically result in the exclusion of the applicant but will influence the evaluation of the file of the applicant with regard to the selection process. III.2.4)

Information about reserved contracts

III.3)

Conditions specific to services contracts

III.3.1)

Information about a particular profession Execution of the service is reserved to a particular profession: no

III.3.2)

Staff responsible for the execution of the service Legal persons should indicate the names and professional qualifications of the staff responsible for the execution of the service: no

Section IV: Procedure IV.1) Type of procedure IV.1.1)

Type of procedure Negotiated Some candidates have already been selected (if appropriate under certain types of negotiated procedures): no

IV.2)

Award criteria

IV.2.1)

Award criteria The most economically advantageous tender in terms of the criteria stated in the specifications or in the invitation to tender or to negotiate

IV.2.2)

Information about electronic auction An electronic auction will be used: no

IV.3)

Administrative information

IV.3.1)

File reference number attributed by the contracting entity:

IV.3.2)

Previous publication(s) concerning the same contract Periodic indicative notice Notice number in the OJEU: 2012/S 8-012277 of 13.1.2012

IV.3.3)

Conditions for obtaining specifications and additional documents Time limit for receipt of requests for documents or for accessing documents: 30.8.2012 - 12:00 Payable documents: no

IV.3.4)

Time limit for receipt of tenders or requests to participate 31.8.2012 - 12:00

IV.3.5)

Language(s) in which tenders or requests to participate may be drawn up English. French. Dutch.

IV.3.6)

Minimum time frame during which the tenderer must maintain the tender

IV.3.7)

Conditions for opening tenders

Section VI: Complementary information VI.1) Information about recurrence 12/07/2012 S132 http://ted.europa.eu/TED

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This is a recurrent procurement: no VI.2)

Information about European Union funds The contract is related to a project and/or programme financed by European Union funds: no

VI.3)

Additional information:

VI.4)

Procedures for appeal

VI.4.1)

Body responsible for appeal procedures Elia Asset NV Keizerslaan 20 1000 Brussels BELGIUM E-mail: alexandre.duquesne@elia.be Telephone: +32 25467924 Internet address: www.elia.be Fax: +32 25467840

VI.4.2)

Lodging of appeals

VI.4.3)

Service from which information about the lodging of appeals may be obtained

VI.5)

Date of dispatch of this notice: 9.7.2012

12/07/2012 S132 http://ted.europa.eu/TED

Member states - Supply contract - Contract notice - Negotiated procedure Supplement to the Official Journal of the European Union

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