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OJ/S S71 12/04/2011 116465-2011-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:116465-2011:TEXT:EN:HTML

B-Diegem: circuit breakers 2011/S 71-116465 CONTRACT NOTICE - UTILITIES Supplies SECTION I: CONTRACTING ENTITY I.1) NAME, ADDRESSES AND CONTACT POINT(S) Elia System Operator nv. (member of the Elia Group) Culliganlaan 1G Prater Building Attn: Freddy Meirisonne 1831 Diegem BELGIUM Tel. +32 25467879 E-mail: freddy.meirisonne@elia.be Fax +32 25467840 Internet address(es) General address of the contracting entity http://www.elia.be Further information can be obtained at: As in above-mentioned contact point(s) Specifications and additional documents (including documents for a dynamic purchasing system) can be obtained at: As in above-mentioned contact point(s) Tenders or requests to participate must be sent to: As in above-mentioned contact point(s) I.2)

MAIN ACTIVITY OR ACTIVITIES OF THE CONTRACTING ENTITY Electricity

SECTION II: OBJECT OF THE CONTRACT II.1) DESCRIPTION II.1.1)

Title attributed to the contract by the contracting entity Supply, assembly and tuning of circuit breakers and its support.

II.1.2)

Type of contract and location of works, place of delivery or of performance Supplies Main place of delivery Elia: all substations of the Elia grid located in Belgium./ 50HzT: all substations located in the service zone of 50HzT (Germany).

II.1.3)

The notice involves The establishment of a framework agreement

II.1.4)

Information on framework agreement Framework agreement with several operators maximum number of participants to the framework agreement envisaged 5 Duration of the framework agreement: Duration in year(s): 5

II.1.5)

Short description of the contract or purchase(s)

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Supply, assembly and tuning of circuit-breakers and its support in the different Belgian substations of the Elia grid and/or in the German substations of the service zone of 50HzT in Germany.Both companies are member of the Elia Group. II.1.6)

Common procurement vocabulary (CPV) 31212000

II.1.7)

Contract covered by the Government Procurement Agreement (GPA) No

II.1.8)

Division into lots Yes tenders should be submitted for one or more lots

II.1.9)

Variants will be accepted Yes

II.2)

QUANTITY OR SCOPE OF THE CONTRACT

II.2.1)

Total quantity or scope 50HzT (Germany): Lot 1: 72,5 kV (10 PCS) + 123 kV (15 PCS). Lot 2: 420 kV (105 PCS). Elia:(Belgium). Lot 3: 82,5 kV (21 PCS) + 123kV (5 PCS). Lot 4: 170 kV (56 PCS) + 245 kV (8 PCS). Lot 5: 420 kV (29 PCS). Remark: the mentioned quantity are estimated quantities and has no legal commitment.

II.2.2)

Options Yes description of these options: The frameagreements will be awarded for 5 years with the possibility to extend with 1 year on the same commercial and technical conditions as specified in the agreements.

II.3)

DURATION OF THE CONTRACT OR TIME LIMIT FOR COMPLETION Starting 1.9.2012 Completion 31.12.2017

INFORMATION ABOUT LOTS LOT NO: 1 TITLE Supply, assembly and tuning of circuit breakers and its support,in the substations of the Belgian grid of Elia and/or in the German substations of the service zone of 50Hertz Transmission GmbH (50HzT). Both companies are member of the Elia Group. 1)

SHORT DESCRIPTION Supply, installation and commissioning of a 72,5 kV (10 pcs) and 123 kV (15 pcs) circuit breakers and eventually its support in the substation(s) of 50HzT at Germany. The mentioned quantities are only for information and do not have a legal commitment.

2)

COMMON PROCUREMENT VOCABULARY (CPV) 31212000

3)

QUANTITY OR SCOPE The given quantities are estimated quantities and purely for information. CB 72,5 kV (10 pcs) and 123 kV:(15 pcs).

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INDICATION ABOUT DIFFERENT DATE FOR DURATION OF CONTRACTOR STARTING/COMPLETION Starting 1.9.2012 Completion 31.12.2017

LOT NO: 2 TITLE Supply, assembly and tuning of circuit breakers and its support,in the substations of the Belgian grid of Elia and/or in the substations of the service zone of 50Hertz Transmission GmbH (50HzT). Both companies are member of the Elia Group. 1)

SHORT DESCRIPTION Supply, installation and commissioning of a 420 kV CB (105 pcs) and eventually its support in the substations of 50 HzT (Germany). The mentioned quantities are only for information and do not have a legal commitment.

2)

COMMON PROCUREMENT VOCABULARY (CPV) 31212000

3)

QUANTITY OR SCOPE The given quantities are estimated quantities and purely for information. CB 420 kV: 105 pcs.

4)

INDICATION ABOUT DIFFERENT DATE FOR DURATION OF CONTRACTOR STARTING/COMPLETION Starting 1.9.2012 Completion 31.12.2017

LOT NO: 3 TITLE Supply, assembly and tuning of circuit breakers and its support,in the substations of the Belgian grid of Elia and/or in the substations of the service zone of 50 Hertz Transmission GmbH (50HzT). Both companies are member of the Elia Group. 1)

SHORT DESCRIPTION Supply, installation and commissioning of 82,5 kV (21 pcs) and 123 kV (5 PCS) circuit breakers and eventually its support in our substation(s) in Belgium. The mentioned quantities are only for information and do not have a legal commitment.

2)

COMMON PROCUREMENT VOCABULARY (CPV) 31212000

3)

QUANTITY OR SCOPE The given quantities are estimated quantities and purely for information. CB 82,5 kV and 123 kV: 21 PCS and 5 PCS.

4)

INDICATION ABOUT DIFFERENT DATE FOR DURATION OF CONTRACTOR STARTING/COMPLETION Starting 1.9.2012 Completion 31.12.2017

LOT NO: 4 TITLE Supply, assembly and tuning of circuit breakers and its support,in the substations of the Belgian grid of Elia and/or in the substations of the service zone of 50 Hertz Transmission GmbH (50HzT). Both companies are member of the Elia Group. 1)

SHORT DESCRIPTION Supply, installation and commissioning of 170 kV (56 pcs) and 245 kV (8 PCS) circuit breakers and eventually its support in our substation(s) in Belgium. The mentioned quantities are only for information and do not have a legal commitment.

2)

COMMON PROCUREMENT VOCABULARY (CPV)

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31212000 3)

QUANTITY OR SCOPE The given quantities are estimated quantities and purely for information. CB 170 kV and 245 kV:(56 PCS and 8 PCS).

4)

INDICATION ABOUT DIFFERENT DATE FOR DURATION OF CONTRACTOR STARTING/COMPLETION Starting 1.9.2012 Completion 31.12.2017

LOT NO: 5 TITLE Supply, assembly and tuning of circuit breakers and its support,in the substations of the Belgian grid of Elia and/or in the substations of the service zone of 50 Hertz Transmission GmbH (50HzT). Both companies are member of the Elia Group. 1)

SHORT DESCRIPTION Supply, installation and commissioning of 420 kV (29 pcs) circuit breakers and eventually its support in our substation(s) in Belgium. The mentioned quantities are only for information and do not have a legal commitment.

2)

COMMON PROCUREMENT VOCABULARY (CPV) 31212000

3)

QUANTITY OR SCOPE The given quantities are estimated quantities and purely for information. CB 420 kV: 29 PCS.

4)

INDICATION ABOUT DIFFERENT DATE FOR DURATION OF CONTRACTOR STARTING/COMPLETION Starting 1.9.2012 Completion 31.12.2017

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 tender.

III.1.2)

Main financing conditions and payment arrangements and/or reference to the relevant provisions regulating them All quotations has to be quoted in Euro, all other specifications, if applicable, will be described in the call for tender.

III.1.3)

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

III.1.4)

Other particular conditions to which the performance of the contract is subject Yes — The contract(s) will contain a SLA (service level agreement) with application of penalties, — All the contractual documents will be in English. The required reporting by the contractor to the contracting entity regarding the execution of the contract will be in French or in Dutch depending of the location of the substation in Belgium (Elia frame agreement) or in German (50HzT frame agreement)according the specification in the tender.

III.2)

CONDITIONS FOR PARTICIPATION

III.2.1)

Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers

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Information and formalities necessary for evaluating if requirements are met: The applicants need to provide all the documents required in art. III.2.1. – III.2.2 – III.2.3: 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: http:// www.elia.be/repository/Lists/Library/Attachments/353/sworn_statement_en.doc. 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; 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 in III.2.1.A. Furthermore, a joint venture has to submit copy of the act of its establishment and of the proxies concerning representation. j) – if applicable and especially for services - cannot confirm the permanent presence of a foreman during the execution of the works who masters — the Dutch language (Elia substations) when asked for. OR. — the French language (Elia substations) when asked for. Or. — the German language (50HzT substations) when asked for. k) if a person, whose conduct is attributable to the company, has been convicted for a breach of one of the provisions laid down in Section 21, item 1 §7 Sektorenverordnung (only valid for 50HzT,the absence of this statement results in the exclusion) 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 (Elia substations) or as a German contractor (50HzT), if any. The applicant has to provide the contracting entity altogether with his request the "Vendors Questionnaire Elia -50HzT " available at the site of Elia.be. 12/04/2011 S71 http://ted.europa.eu/TED

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— Vendors questionnaire Elia -50HzT. (available at http://www.elia.be/repository/Lists/Library/Attachments/992/vendors questionnaire_elia-50hz.xls or at demand) entirely completed (sheet “Questionnaire” and sheet “FIN RATIOS”) with the most actual available data. This completed file needs to be saved on a CDROM and – as well as a printed paper version - enclosed in the candidature file. Please make sure you enclose a version “Excel” and a version “PDF” (signed) on the CDROM!. (Remark: if the link doesn’t work, this vendors questionnaire is also available at www.elia.be on the page purchases / documents purchasing). The questionnaire is divided into general questions on the level of the company and specific questions regarding the material / service. The sheet “questionnaire” is divided in topics as "organisational capacity", "financial information", "references", "evolution", "quality", "safety" and "environment". We want to remark that – in particular for service" - Safety will be of major importance in evaluating the candidatures. The documents that have to be submitted by the candidate are listed in the questionnaire ("documents to be enclosed") and are also mentioned in this contract notice (see below). 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. III.2.2)

Economic and financial capacity The applicants have to submit the following documents and/or information: — All information/data asked in the vendors questionnaire. A list of those companies who are able to offer similar services/supplies/works and which have directly or indirectly control over your 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 requirements are met The applicants need to provide the following documents and/or information: 1. The complete referencelist of comparable achievements of circuit breakers (by indicating their volume and type of circuit breaker) in Europe during the last 5 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 of the applicant and, more in particular, of the qualifications of the personnel and technicians responsible for the execution of the on site installation wether or not they belong to the firm; 6. Proof of the ability of the contact person and the person in charge of the on site installation to communicate orally and in writing in Dutch/French/German; 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 3 years; (especially related to the CB products) 9. A VCA or BeSaCC certificate or any other equivalent-level safety certification in the field concerned; 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;

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13. Description of the intervention procedure and average intervention times following urgent phone calls. Especially the physical presence of a representative of the contractor on site after informing the contracting entity, must be realized wthin maximum 48 hours. The absence of this statement results in the exclusion for the 50 HzT frameagreement.(see also point 14 hereunder). 14. In case of an incident, the contractor will execute a diagnostic within 48 hours, counting from notification until informing the result, to the society. This is valid during the warranty period.(absence of written confirmation of this point might result in the exclusion.) 15. acc ยง II.1.9. variants are permitted, but only the circuit breakers which comply with the technical specifications, will be taken into account (valid for 50 HzT). Remark: The absence of appropriate references (min 5 projects per voltage level) shall result in exclusion. The absence of the other 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)

Reserved contracts No

III.3)

CONDITIONS SPECIFIC TO SERVICES CONTRACTS

III.3.1)

Execution of the service is reservedto a particular profession No

III.3.2)

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 Candidates have already been selected No

IV.2)

AWARD CRITERIA

IV.2.1)

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

IV.2.2)

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 concerning the same contract Periodic indicative notice Notice number in OJ: 2011/S 6-008786 of 11.1.2011

IV.3.3)

Conditions for obtaining specifications and additional documents Time limit for receipt of requests for documents or for accessing documents 27.4.2011 Payable documents No

IV.3.4)

Time limit for receipt of tenders or requests to participate 5.5.2011 - 12:00

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IV.3.5)

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

IV.3.6)

Minimum time frame during which the tenderer must maintain the tender

IV.3.7)

Conditions for opening tenders

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SECTION VI: COMPLEMENTARY INFORMATION VI.1) THIS IS A RECURRENT PROCUREMENT No VI.2)

CONTRACT(S) RELATED TO A PROJECT AND/OR PROGRAMME FINANCED BY COMMUNITY FUNDS No

VI.3)

ADDITIONAL INFORMATION The maximum number of selected tenders will be limited to 5. All info requested in § III will be used as ranking criteria and in particular the hereunder mentioned points, (in descending order of importance): 1) Actual existing after sales service department in the European Union of the applicant; 2) Realized projects with mechanical or hydraulic driven CB, in the Europan Union by the applicant; 3) Realized projects at grid companies in the Europan Union by the applicant; 4). The applicant has to confirm its interest in the concerned framework agreements by providing the contracting entity with the "vendors questionnaire Elia - 50HzT ", entirely completed with the most actual available company and product data. Furthermore, the applicant "file" has to contain all attachments as mentioned in section III or mentioned elsewhere in this document. This includes also a signed Sworn Statement. — If the applicant does not fill out this questionnaire (including the sheet "FIN Ratios") decently or fails to provide the contracting entity with important attachments, the applicant may be excluded. The content as well as the quality of the applicant's file will be evaluated, — The applicant is not allowed to "avoid" answering the vendors questionnaire Elia - 50HzT by simply making reference to attachments. The applicant however is advised to provide Elia with attachments if this can support (or elaborate on) the answers given in the vendors questionnaire, — All applicants will be evaluated based on the vendors questionnaire Elia - 50HzT and the attachments provided in the applicant's file (only). The applicants that will be assessed as "acceptable / good" will be sent an invitation to tender. This invitation to tender will include all technical and commercial information enabling the applicants to make a quotation, — The candidature file has to be handed over to the person mentioned in section I before the deadline mentioned in section IV. The file consist of a paper version of all documents and 2 CDroms containing a copy of all documents. The CDrom includes the file of the vendors questionnaire Elia - 50HzT in the original Excel format, as well as a scan of the signed version (PDF). The applicants which have not provided all necessary info, mentioned in above clauses, can be excluded for further participation. Remark: This contract notice which makes part of the European tender procedure, is monitored by Elia system operator (for all info and contact see § I.1) and will result in min 2 frame agreements (Elia Asset in Belgium and 50 HzT in Germany, both members of the Elia Group).

VI.4)

PROCEDURES FOR APPEAL

VI.4.1)

Body responsible for appeal procedures DE Rechtbank van Koophandel

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Regentschapsstraat nr. 4 1000 Brussel BELGIUM Tel. +32 25086111 Body responsible for mediation procedures Elia System Operator SA (member of the Elia group) Culligaanlaan 1G Prater Building 1831 Diegem BELGIUM E-mail: danny.vanderhaeghen@elia.be Tel. +32 25467932 Fax +32 25467840 VI.4.2)

Lodging of appeals

VI.4.3)

Service from which information about the lodging of appeals may be obtained Elia System Operator SA (member of the Elia group) Culligaanlaan 1G Prater Building 1831 Diegem BELGIUM E-mail: danny.vanderhaeghen@Elia.be Tel. +32 25467932 Fax +32 25467840

VI.5)

DATE OF DISPATCH OF THIS NOTICE: 8.4.2011

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