Operation of the ferry service Breistein-Valestrand

VESTLAND FYLKESKOMMUNE SKYSS

The aim of the procurement is to get an operator for the ferry route between Breistein and Valestrand. The contract will be designed as a gross contract where the contracting authority is responsible for the income of the ticketsale. The operator will, however, be responsible for ensuring that all travellers are correctly ticketed. The contract will apply from the time of signing until 28.11.2027, with an option for the contracting authority to extend the contract in several stages until 31.12.2028, see contract points 1.1.5 and 1.1.6. The operation of the ferry route will start 1 January 2025. The contract has an estimated total contract sum/value including the option period of NOK 84-97 million, depending on wich timetable the contracting authority choose. See the contract chapter 2 for requirements for the assignment, chapter 3 for requirements for the vessel, chapter 4 for requirements for route production, chapter 5 for the climate requirements.

Frist

Fristen for mottak av tilbud var 2024-04-03. Anskaffelsen ble publisert 2024-02-12.

Hvem?

• VESTLAND FYLKESKOMMUNE SKYSS

Hva?

• Sjøtransport › Sjøtransport av post

Hvor?

• Vestlandet › Vestland

Anskaffelseshistorikk

Dato	Dokument
2024-02-12	Kunngjøring av konkurranse

Kunngjøring av konkurranse (2024-02-12)
Gjenstand
Anskaffelsens omfang
Tittel: Operation of the ferry service Breistein-Valestrand
Referansenummer: SKYSS/24/4
Kort beskrivelse:

Kontrakttype: Tjenester
Produkter/tjenester: Transporttjenester (bortsett fra avfallstransport) 📦
Estimert verdi eksklusive mva: 96 800 000 NOK 💰
Beskrivelse
Intern identifikator: SKYSS/24/4
Denne anskaffelsen er også egnet for små og mellomstore bedrifter (SMB) ✅
Tilleggsprodukter/-tjenester: Sjøtransport av post 📦
Kriterier for grønne innkjøp: Nasjonale kriterier for grønne offentlige innkjøp
Hovedsted eller utførelsessted:

The assignment of the contract includes the operation of the ferry route Breistein-Valestrand, from Breistein quay to Valestrand quay.

Land: Norge 🇳🇴
Utførelsessted: Vestland 🏙️
Varighet
Startdato: 2024-04-26 📅
Sluttdato: 2028-12-31 📅
Varigheten av kontrakten, rammeavtalen eller det dynamiske innkjøpssystemet
Denne kontrakten er gjenstand for fornyelse ✅
Beskrivelse
Beskrivelse av fornyelser: Operation of the ferry route will probably be part of a future procurement.
Maksimalt antall fornyelser: 4
Annen informasjon om fornyelser:

The contracting authority has an option to extend the contract in multiple stages after 27.11.2027 until and including 31.12.2028. If the Contracting Authority wants to be use the whole or part of the option, the Tenderer shall have notification of this within 12 months before the ordinary operations period expires. If the Contracting Authority wants to extend the option period within the defined option length, the operator shall have written notification of this within 6 months before the expiry of the option period.

Tildelingskriterier
Kostnadskriterium (navn): Cost
Kostnadskriterium (vekting): 70
Kvalitetskriterium (navn): Maximum climate gas emissions
Kvalitetskriterium (vekting): 30
Tittel
Identifikasjonsnummer for delkontrakt: LOT-0000

Prosedyre
Prosedyretype
Åpen anbudskonkurranse ✅
Rettslig grunnlag: Direktiv 2014/24/EU
Hovedtrekk ved prosedyren:

This procurement was initiated in accordance with the Public Procurement Act, dated 17 July 2016 no. 73 (LOA) and the public procurement regulations dated 12 August 2016 no. 974 (FOA). The contract will be awarded in accordance with the open tender contest procedure, cf. the Public Procurement Regulations § 13-1 (1).

Administrativ informasjon
Frist for mottak av tilbud eller forespørsler om deltakelse: 2024-04-03 12:00:58 📅
Vilkår for åpning av tilbud: 2024-04-03 12:01:00 📅
Vilkår for åpning av tilbud (sted): Bergen
Språk som tilbud eller forespørsler om deltakelse kan sendes inn på: norsk 🗣️
Minste tidsramme som tilbyderen må opprettholde tilbudet i: 103 dager
Anbudsvilkår
Tilbydere kan levere mer enn ett tilbud
Avansert eller kvalifisert elektronisk signatur eller segl (som definert i forordning (EU) nr. 910/2014) er påkrevd
Åpningsdato: 2024-04-03 12:01:00 📅
Sted: Bergen
Elektronisk fakturering: Påkrevd
Elektronisk betaling vil bli brukt ✅
Frist for å be om tilleggsinformasjon: 2024-03-14 00:00:00 📅
Tildelingskriterier
Vekttype: Vekting (prosent, eksakt)

Juridisk, økonomisk, finansiell og teknisk informasjon
Økonomisk og finansiell stilling
Liste og kort beskrivelse av utvelgelseskriterier:

The tenderer shall have sufficient economic and financial strength to fulfil the contract.: The tenderer shall have sufficient economic and financial strength to fulfil the contract. See Annex A for further information on what the Contracting Authority will look at when assessing this qualification requirement. Annual accounts The tenderer ́s annual accounts including notes with the board ́s and auditor ́s report for the years 2021, 2022 and 2023. If the tenderer ́s accounts for 2023 are not clear, it is sufficient to deliver preliminary accounts for 2023. Credit rating The contracting authority reserves the right to carry out a credit assessment with the help of an independent credit rating company. The financial strength ia assessed in relation to turnover, profit margin, share ofequity and liquidity.

Vilkår for deltakelse
Liste og kort beskrivelse av regler og kriterier:

The tenderer fulfils the stated qualification requirements:: All the necessary selection criteria specified in the notice or in the procurement documents mentioned in the notice are fulfilled.

This fulfils the objective and non-discriminatory criteria or rules that shall be used to select the number of tenderers in the following way: If certain certificates or other forms of documentation are requested, indicate for each individual whether the tenderer is in possession of the requested documents:: If any of these certificates or other forms of documentation are available in electronic form, the certificates are to be provided for each:

Liste og kort beskrivelse av vilkår:

Tenderers must have everything in order with regard to the payment of tax, employers tax and value added tax: Tenderers must have everything in order with regard to the payment of tax, employers tax and value added tax Tenderers shall deliver 1. Tax certificate (not older than six months). Norwegian tenderers: Tax and VAT certificate from the tax collection office via the Altinn.no. For foreign tenderers: Foreign tenderers must submit corresponding certificates from their countries that show that they have ordna skatte- og avgiftsforhold. If the authorities in the relevant country do not conduct such certificates, the tenderer shall submit a statement which states that all taxes and duties have been paid. The declaration shall be approved and signed by the tenderer's Financial Director/ person responsible for Finance. The documentation shall be in Norwegian or English.

The tenderer shall be a legally established company.: The tenderer shall be a legally established company. Norwegian tenderers: Documented by a company registration certificate from the http://altinn.no The Company Registration Certificate must not be more than six months old. Foreign tenderers: Verification that the tenderer is registered in a trade register or company register. legislation in the country where the tenderer is established. Group of suppliers: If groups of suppliers are considering delivering tenders to Saman, a legal company with joint and several liability will be required to sign the contract.

Teknisk og faglig kapasitet
Liste og kort beskrivelse av utvelgelseskriterier:

Tenderers must have good competence and experience from the operating lease of ferries with transport of vehicles: Tenderers must have good competence and experience from the operating lease of ferries with transport of vehicles. Tenderers shall document that in the last 3 years they have experience with - operation of a minimum of 1 ferry service with transport of vehicles and - operation over a period of minimum 1 year and that the operation involved a minimum of 2 daily departures 5 days a week. The reference assignments shall, as a minimum, contain information on: • Any contracting authorities • Communication information • Start-up and completion date • Brief description of the assignment (frequency/extent (the number of departures per week) • Duration

Vilkår for deltakelse
Utestengelsesgrunn:

Akkord med kreditorer

Avtaler med andre økonomiske aktører som har til formål å vri konkurransen

Barnearbeid og andre former for menneskehandel

+ 21 til

Bedrageri

Betaling av skatter

Betaling av trygdeavgifter

Brudd på forpliktelser på arbeidsrettens område

Brudd på forpliktelser på miljørettens område

Brudd på forpliktelser på sosialrettens område

Deltakelse i en kriminell organisasjon

Direkte eller indirekte deltakelse i forberedelsen av denne anskaffelsen

Eiendeler under administrasjon av bobestyrer

Forretningsvirksomheten er suspendert

Hvitvasking eller terrorfinansiering

Insolvens

Interessekonflikt på grunn av deltakelse i anskaffelsesprosedyren

Konkurs

Korrupsjon

Rent nasjonale utelukkelsesgrunner

Situasjon tilsvarende konkurs etter nasjonal lovgivning

Skyldig i alvorlige feil i yrkesutøvelsen

Skyldig i uriktig fremstilling, tilbakeholdt informasjon, ute av stand til å fremlegge nødvendige dokumenter og innhentet konfidensiell informasjon om denne prosedyren

Terrorhandlinger eller handlinger knyttet til terrorvirksomhet

Tidlig heving, erstatning eller andre sammenlignbare sanksjoner

Beskrivelse av utelukkelsesgrunner:

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 made mandatory in accordance with the current national law without the possibility for exceptions.

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 made mandatory in accordance with the current national law without the possibility for exceptions.

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 enforceable verdict has 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.

… 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)

Has the tenderer entered into agreement(s) with other tenderers with the intention of turning the competition?

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.

… 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).

… 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).

… 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).

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 made mandatory in accordance with the current national law without the possibility for exceptions.

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.

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 made mandatory in accordance with the current national law without the possibility for exceptions.

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?

In ESPD part III: Reasons for rejection, section D: the following text has been included: "Other reasons for rejection that are laid down in the national legislation in the client's Member State". We draw attention to the fact that the Norwegian procurement rules go further than what follows from the reasons for rejection described in the EU directive on public procurement and in the standard form for ESPD. It is therefore clarified that in this competition all the reasons for rejection in the procurement regulations chapter 24 apply, including the purely national reasons for rejection. The following reasons for rejection in § 24-2 of the Procurement Regulations are purely national reasons for rejection: - Section 24-2 (2). In this designation, it is stated that the client can reject a supplier when he is aware that the supplier has been legally convicted or has adopted a proposal for the specified criminal offences. The requirement that the client must reject suppliers who have adopted recommendations for the specified criminal conditions is a particularly Norwegian requirement. - § 24-2 (3) letter i. The reason for rejection in the ESPD form only applies to serious errors in the professional practice, while the Norwegian reason for rejection also includes other serious errors that may cast doubt on the supplier's professional integrity. It is clarified that the prohibition in the sanctions regulation § 8n (regulation 15 August 2014 no. 1076 on restrictive measures regarding actions that undermine or threaten Ukraine's territorial integrity, sovereignty, independence and stability) also constitutes a reason for rejection: Section 8n. Prohibition on the award of public contracts It is prohibited to award or extend public contracts or concession contracts that fall within the scope of the directives on public procurement, as well as Article 10 no. 5 1, no. 3, no. 6 letter a–e, no. 8, 9 and 10, Articles 11, 12, 13 and 14 of Directive 2014/23/EU, Articles 7 and 8, Article 10 letters b–f and h–j of Directive 2014/24/EU, Article 18, Article 21 letters b–e and g– i, Articles 29 and 30 of Directive 2014/25/EU and Article 13 letters a–d, f–h and j of Directive 2009/81/EC, until a. Russian citizens or natural or legal persons, established in Russia, b. legal entities, whose property rights are directly or indirectly more than 50% owned by an entity referred to in letter a of this section, or c. legal persons, acting on behalf of or on instructions from an entity mentioned in letter a or b of this section, also if they account for more than 10% of the contract value, subcontractors, suppliers or entities whose capacity is utilized in accordance with the directives on public procurement. The contracting authority provides that the tenderer has familiarized himself with the sanctioning legislation and the changes that were to be adopted at any time, and takes account of the current sanctioning legislation when preparing the tender and when executing the contract. When submitting a tender, the tenderer must confirm that the tenderer has familiarized himself with the aforementioned rules and that neither the applicant nor anyone in the applicant's subcontractor chains supports Russian occupation forces or Russian invasion activities. Confirmation takes place by ticking this in the offer letter. If the tenderer received an offer from or has a contract with suppliers who support Russian military actions or Russian enterprises, the offer letter must contain a description of the due diligence assessments the tenderer has made, as well as the conclusion of these due diligence assessments. The tenderers must also take into account that the client will ask any subcontractors engaged after the conclusion of any contract to confirm that they comply with the sanctions legislation. Furthermore, tenderers must take into account that the client will be able to request documentation of who are the real rights holders in subcontractors engaged after the conclusion of the contract.

Beskrivelse av utelukkelsesgrunner

In ESPD part III: Reasons for rejection, section D: the following text has been included: "Other reasons for rejection that are laid down in the national legislation in the client's Member State". We draw attention to the fact that the Norwegian procurement rules go further than what follows from the reasons for rejection described in the EU directive on public procurement and in the standard form for ESPD. It is therefore clarified that in this competition all the reasons for rejection in the procurement regulations chapter 24 apply, including the purely national reasons for rejection.

The following reasons for rejection in § 24-2 of the Procurement Regulations are purely national reasons for rejection:
- Section 24-2 (2). In this designation, it is stated that the client can reject a supplier when he is aware that the supplier has been legally convicted or has adopted a proposal for the specified criminal offences. The requirement that the client must reject suppliers who have adopted recommendations for the specified criminal conditions is a particularly Norwegian requirement.
- § 24-2 (3) letter i. The reason for rejection in the ESPD form only applies to serious errors in the professional practice, while the Norwegian reason for rejection also includes other serious errors that may cast doubt on the supplier's professional integrity.
It is clarified that the prohibition in the sanctions regulation § 8n (regulation 15 August 2014 no. 1076 on restrictive measures regarding actions that undermine or threaten Ukraine's territorial integrity, sovereignty, independence and stability) also constitutes a reason for rejection:

Section 8n. Prohibition on the award of public contracts
It is prohibited to award or extend public contracts or concession contracts that fall within the scope of the directives on public procurement, as well as Article 10 no. 5 1, no. 3, no. 6 letter a–e, no. 8, 9 and 10, Articles 11, 12, 13 and 14 of Directive 2014/23/EU, Articles 7 and 8, Article 10 letters b–f and h–j of Directive 2014/24/EU, Article 18, Article 21 letters b–e and g– i, Articles 29 and 30 of Directive 2014/25/EU and Article 13 letters a–d, f–h and j of Directive 2009/81/EC, until
a. Russian citizens or natural or legal persons, established in Russia,
b. legal entities, whose property rights are directly or indirectly more than 50% owned by an entity referred to in letter a of this section, or
c. legal persons, acting on behalf of or on instructions from an entity mentioned in letter a or b of this section, also if they account for more than 10% of the contract value, subcontractors, suppliers or entities whose capacity is utilized in accordance with the directives on public procurement.

The contracting authority provides that the tenderer has familiarized himself with the sanctioning legislation and the changes that were to be adopted at any time, and takes account of the current sanctioning legislation when preparing the tender and when executing the contract. When submitting a tender, the tenderer must confirm that the tenderer has familiarized himself with the aforementioned rules and that neither the applicant nor anyone in the applicant's subcontractor chains supports Russian occupation forces or Russian invasion activities. Confirmation takes place by ticking this in the offer letter.

If the tenderer received an offer from or has a contract with suppliers who support Russian military actions or Russian enterprises, the offer letter must contain a description of the due diligence assessments the tenderer has made, as well as the conclusion of these due diligence assessments. The tenderers must also take into account that the client will ask any subcontractors engaged after the conclusion of any contract to confirm that they comply with the sanctions legislation. Furthermore, tenderers must take into account that the client will be able to request documentation of who are the real rights holders in subcontractors engaged after the conclusion of the contract.

Are tenderers aware of a conflict of interest as stated in national law, the relevant notice or procurement documents?

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?

Has the tenderer committed serious errors in professional practice? If relevant, see the definitions in national law, the relevant notice or procurement documents.

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?

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.

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?

Has the tenderer not fulfilled his tax and duty obligations in the country in which he is established, and in the contracting authority's member state, if this is a different country than what he is established in?

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 out 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.

Oppdragsgiver
Navn og adresser
Navn: Vestland fylkeskommune skyss
Nasjonalt registreringsnummer: 992 051 825
Avdeling: Skyss
Poststed: Bergen
Region: Vestland 🏙️
Land: Norge 🇳🇴
E-post: ashild.fossgard.sandoy@skyss.no 📧
Telefon: 97158404 📞
Gruppeleder ✅
Adresse til kjøperprofilen: https://www.skyss.no 🌏
Type oppdragsgiver
Regionalt eller lokalt byrå/kontor
Hovedaktivitet
Alminnelige offentlige tjenester
Informasjon om felles anskaffelse
Kontrakten omfatter felles anskaffelse ✅
Kommunikasjon
URL for dokumenter: https://tendsign.com/doc.aspx?MeFormsNoticeId=9410 🌏
Deltakelses-URL: https://tendsign.com/doc.aspx?MeFormsNoticeId=9410&GoTo=Tender 🌏
Språk for anskaffelsesdokumentet: norsk 🗣️
Elektronisk innsending: Påkrevd

Utfyllende informasjon
Klageinstans
Navn: Hordaland tingrett
Nasjonalt registreringsnummer: 926 723 367
Postadresse: Postboks 7412
Postnummer: 5020
Poststed: Bergen
Region: Vestland 🏙️
Land: Norge 🇳🇴
E-post: hordaland.tingrett@domstol.no 📧
Telefon: 55 69 97 00 📞
URL: https://www.domstol.no/no/domstoler/tingrett/hordaland-tingrett/ 🌏
Klageprosedyre
Presis informasjon om frister for klageprosedyrer: Note that the dates after the opening of the tender is preliminary.
Informasjon om elektroniske arbeidsflyter
Elektronisk fakturering vil bli akseptert
Kilde: OJS 2024/S 032-095128 (2024-02-12)

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