Framework agreement for the supply of 72.5 kV cables

The tender procedure concerns the award of a framework agreement for the supply of 72.5 kV cables as specified in Appendix 1 and Appendix C. To ensure security of supply, the framework agreement will be awarded to two (2) suppliers. Purchase orders will be awarded by direct award and according …

CPV: 31321300 Hochspannungskabel
Ausführungsort:
Framework agreement for the supply of 72.5 kV cables
Vergabestelle:
Nexel A/S
Vergabenummer:
72.5 kV cables

1. Buyer

1.1 Buyer

Official name : Nexel A/S
Legal type of the buyer : Entity with special or exclusive rights
Activity of the contracting entity : Electricity-related activities

2. Procedure

2.1 Procedure

Title : Framework agreement for the supply of 72.5 kV cables
Description : The tender procedure concerns the award of a framework agreement for the supply of 72.5 kV cables as specified in Appendix 1 and Appendix C. To ensure security of supply, the framework agreement will be awarded to two (2) suppliers. Purchase orders will be awarded by direct award and according to a 60/40 split. The supplier who has submitted the tender with the best price-quality ratio will receive 60% of all purchase orders issued during the term of the Framework agreements. The supplier who has submitted the tender with the second-best price-quality ratio will receive 40% of all purchase orders issued during the term of the Framework agreements. The above-mentioned shares of the total purchase orders issued during the term of the Framework agreement are indicative.
Procedure identifier : b173371f-9078-4032-8a4f-3b4515126d96
Internal identifier : 72.5 kV cables
Type of procedure : Negotiated with prior publication of a call for competition / competitive with negotiation
The procedure is accelerated : no
Justification for the accelerated procedure :
Main features of the procedure : Negotiated procedure for the procurement of framework agreement for the supply of 72.5 kV cables with electronic auction.

2.1.1 Purpose

Main nature of the contract : Supplies
Main classification ( cpv ): 31321300 High-voltage cable

2.1.2 Place of performance

Postal address : Energivej 33
Town : Haslev
Postcode : 4690
Country subdivision (NUTS) : Vest- og Sydsjælland ( DK022 )
Country : Denmark

2.1.3 Value

Estimated value excluding VAT : 100 000 000 Euro
Maximum value of the framework agreement : 150 000 000 Euro

2.1.4 General information

Legal basis :
Directive 2014/25/EU
Directive 2014/25/EU (the Utilities Directive) - The tender is carried out under the Utilities Directive (2014/25/EU)

2.1.6 Grounds for exclusion

Corruption : The tenderer/applicant will be excluded from participation in the tendering procedure if the tenderer/applicant is subject to the mandatory grounds for exclusion set out in §135(1), no. 2 of the Public Procurement Act, cf. §11(1), no. 1 of the Danish Implementing Order, unless the tenderer/applicant has presented sufficient documentation that it is reliable in accordance with §138 of the Public Procurement Act, cf. §11(1), no. 2 of the Danish Implementing Order.
Participation in a criminal organisation : The tenderer/applicant will be excluded from participation in the tendering procedure if the tenderer/applicant is subject to the mandatory grounds for exclusion set out in §135(1), no. 1 of the Public Procurement Act, cf. §11 (1), no. 1 of the Danish Implementing Order, unless the tenderer/applicant has presented sufficient documentation that it is reliable in accordance with §138 of the Public Procurement Act, cf. §11(1), no. 2 of the Danish Implementing Order.
Money laundering or terrorist financing : The tenderer/applicant will be excluded from participation in the tendering procedure if the tenderer/applicant is subject to the mandatory grounds for exclusion set out in §135(1), no. 5 of the Public Procurement Act, cf. §11(1), no. 1 of the Danish Implementing Order, unless the tenderer/applicant has presented sufficient documentation that it is reliable in accordance with §138 of the Public Procurement Act, cf. §11(1), no. 2 of the Danish Implementing Order.
Fraud : The tenderer/applicant will be excluded from participation in the tendering procedure if the tenderer/applicant is subject to the mandatory grounds for exclusion set out in §135(1), no. 3 of the Public Procurement Act, cf. §11(1), no. 1 of the Danish Implementing Order, unless the tenderer/applicant has presented sufficient documentation that it is reliable in accordance with §138 of the Public Procurement Act, cf. §11(1), no. 2 of the Danish Implementing Order.
Child labour and other forms of trafficking in human beings : The tenderer/applicant will be excluded from participation in the tendering procedure if the tenderer/applicant is subject to the mandatory grounds for exclusion set out in §135(1), no. 6 of the Public Procurement Act, cf. §11(1), no. 1 of the Danish Implementing Order, unless the tenderer/applicant has presented sufficient documentation that it is reliable in accordance with §138 of the Public Procurement Act, cf. §11(1), no. 2 of the Danish Implementing Order.
Guilty of misrepresentation, withheld information, unable to provide required documents and obtained confidential information of this procedure : The tenderer/applicant will be excluded from participation in the tendering procedure if the tenderer/applicant is subject to the mandatory grounds for exclusion set out in §136(1) no. 3 of the Public Procurement Act, cf. §11(1), no. 1 of the Danish Implementing Order, unless the tenderer/applicant has presented sufficient documentation that it is reliable in accordance with §138 of the Public Procurement Act, cf. §11(1), no. 2 of the Danish Implementing Order.
Conflict of interest due to its participation in the procurement procedure : The tenderer/applicant will be excluded from participation in the tendering procedure if the tenderer/applicant is subject to the mandatory grounds for exclusion set out in §136(1) no. 1 of the Public Procurement Act, cf. §11(1), no. 1 of the Danish Implementing Order, unless the tenderer/applicant has presented sufficient documentation that it is reliable in accordance with §138 of the Public Procurement Act, cf. §11(1), no. 2 of the Danish Implementing Order.
Direct or indirect involvement in the preparation of this procurement procedure : The tenderer/applicant will be excluded from participation in the tendering procedure if the tenderer/applicant is subject to the mandatory grounds for exclusion set out in §136(1) no. 2 of the Public Procurement Act, cf. §11(1), no. 1 of the Danish Implementing Order, unless the tenderer/applicant has presented sufficient documentation that it is reliable in accordance with §138 of the Public Procurement Act, cf. §11(1), no. 2 of the Danish Implementing Order.
Guilty of grave professional misconduct : The tenderer/applicant will be excluded from participation in the tendering procedure if the tenderer/applicant is subject to the mandatory grounds for exclusion set out in §136(1) no. 4 of the Public Procurement Act, cf. §11(1), no. 1 of the Danish Implementing Order, unless the tenderer/applicant has presented sufficient documentation that it is reliable in accordance with §138 of the Public Procurement Act, cf. §11(1), no. 2 of the Danish Implementing Order.
Payment of social security contributions : The tenderer/applicant will be excluded from participation in the tendering procedure if the tenderer/applicant is subject to the mandatory grounds for exclusion set out in §135(2) of the Public Procurement Act, cf. §11(1), no. 1 of the Danish Implementing Order, unless the tenderer/applicant has presented sufficient documentation that it is reliable in accordance with §138 of the Public Procurement Act, cf. §11(1), no. 2 of the Danish Implementing Order.
Payment of taxes : The tenderer/applicant will be excluded from participation in the tendering procedure if the tenderer/applicant is subject to the mandatory grounds for exclusion set out in §135(2) of the Public Procurement Act, cf. §11(1), no. 1 of the Danish Implementing Order, unless the tenderer/applicant has presented sufficient documentation that it is reliable in accordance with §138 of the Public Procurement Act, cf. §11(1), no. 2 of the Danish Implementing Order.
Terrorist offences or offences linked to terrorist activities : The tenderer/applicant will be excluded from participation in the tendering procedure if the tenderer/applicant is subject to the mandatory grounds for exclusion set out in §135(1), no. 4 of the Public Procurement Act, cf. §11(1), no. 1 of the Danish Implementing Order, unless the tenderer/applicant has presented sufficient documentation that it is reliable in accordance with §138 of the Public Procurement Act, cf. §11(1), no. 2 of the Danish Implementing Order.

5. Lot

5.1 Lot technical ID : LOT-0000

Title : 72,5 kV cables
Description : The tender procedure concerns the award of a framework agreement for the supply of 72.5 kV cables as specified in Appendix 1 and Appendix C. To ensure security of supply, the framework agreement will be awarded to two (2) suppliers. Purchase orders will be awarded by direct award and according to a 60/40 split. The supplier who has submitted the tender with the best price-quality ratio will receive 60% of all purchase orders issued during the term of the Framework agreements. The supplier who has submitted the tender with the second-best price-quality ratio will receive 40% of all purchase orders issued during the term of the Framework agreements. The above-mentioned shares of the total purchase orders issued during the term of the Framework agreement are indicative.
Internal identifier : 72.5 kV cables

5.1.1 Purpose

Main nature of the contract : Supplies
Main classification ( cpv ): 31321300 High-voltage cable
Options :
Description of the options : The Contracting Entity may extend the framework agreement on the same terms and conditions for a period of up to 12 months. The extension shall not take place more than 2 times.

5.1.2 Place of performance

Postal address : Energivej 33
Town : Haslev
Postcode : 4690
Country subdivision (NUTS) : Vest- og Sydsjælland ( DK022 )
Country : Denmark
Additional information :

5.1.3 Estimated duration

Duration : 2 Year

5.1.4 Renewal

Maximum renewals : 2

5.1.5 Value

Estimated value excluding VAT : 100 000 000 Euro
Maximum value of the framework agreement : 150 000 000 Euro

5.1.6 General information

This is a recurrent procurement
Description : The framework agreement will be re-tendered after expiry of the framework agreement. If the Contracting Entity chooses to exercise all options for extension a re-tender will be expected in 2029.
Reserved participation : Participation is not reserved.
Procurement Project not financed with EU Funds.
The procurement is covered by the Government Procurement Agreement (GPA) : no

5.1.9 Selection criteria

Criterion :
Type : Economic and financial standing
Name : The candidate's total annual turnover in the three latest financial years available
Description : As a minimum requirement, a total annual turnover of at least EUR 47,000,000.00 is required in each of the three latest annual reports/financial statements available. If the candidate relies on the capacities of other entities, the turnover is to be calculated as the total turnover of the candidate and such other entities in each of the three latest annual reports/financial statements available. For groups of operators (e.g. a consortium), the turnover is calculated as the total turnover of the operators in each of the three latest annual reports/financial statements available. The information is to be stated in section IV.B of the ESPD. If the candidate relies on the economic and financial capacity of other entities in relation to fulfilment of the minimum requirements, see below, the contracting entity will require the candidate and the entities in question to undertake joint and several liability for the performance of the framework agreement. The ESPD serves as provisional documentation that the candidate fulfills the minimum suitability requirements in respect of economic and financial capacity. Before the award decision is made, the tenderer to whom the contracting entity intends to award the framework agreement must submit documentation that the information stated in the ESPD is accurate. Upon the contracting entity's request, the following documentation of economic and financial capacity must be submitted: The operator's balance sheets or extracts from balance sheets in the most recent annual report/financial statement available if publication of the balance sheets is required under law in the country in which the operator is established, or other documentation of the size of the equity. For groups of operators (e.g. a consortium), the information in the most recent annual report/financial statement available must be submitted for each participating operator in the group. Where an operator relies on the economic and financial capacity of other entities (e.g. a parent company, a sister company or a subcontractor), information for such other entities must be provided as well. A statement regarding the operator's equity and assets in the most recent annual report/financial statement available, depending on when the operator was established if the equity and assets figures are available. For groups of operators (e.g. a consortium), the information in the most recent annual report/financial statement available must be submitted for each participating operator in the group. Where an operator relies on the economic and financial capacity of other entities (e.g. a parent company, a sister company or a subcontractor), information for such other entities must be provided as well. A statement regarding the operator's total turnover in the three most recent annual reports/financial statements available, depending on when the operator was set up or started trading, if the figures for this turnover are available. For groups of operators (e.g. a consortium), the information in the three most recent annual reports/financial statements available must be submitted for each participating operator in the group. Where an operator relies on the economic and financial capacity of other entities (e.g. a parent company, a sister company or a subcontractor), information for such other entities must be provided as well.
Criterion :
Type : Suitability to pursue the professional activity
Criterion :
Type : Technical and professional ability
Name : References
Description : A list of the three most significant comparable supplies, see section "Aftalens genstand" herunder section "Identifikation", that the candidate has carried out in the last three years before the expiry of the application deadline. Only references relating to supplies carried out at the time of application will be given importance in the evaluation of which candidates have documented the most relevant deliveries, see Contract Notice and in the evaluation of whether the minimum requirements in respect of technical and professional capacity have been complied with, see below. Hence, in the case of an ongoing task, only the part of the supplies already performed at the time of application will be included in the evaluation of the reference. Each reference is requested to include a brief description of the deliveries made. The description of the delivery should include a clear description of the supplies set out in Contract Notice to which the delivery related and the candidate's role(s) in the performance of the delivery. The reference is furthermore requested to include the financial value of the delivery (amount), the date of delivery and the name of the customer (recipient). When indicating the date of the delivery, the candidate is requested to indicate the date when the delivery was commenced and finalised. If this is not possible, e.g. if the tasks were performed on an ongoing basis under a framework agreement, the candidate is asked to indicate in the description of the delivery how the date is specified. The ESPD serves as provisional documentation that the candidate fulfils the minimum suitability requirements in respect of technical and professional ability and the candidate's compliance with the selection criterion. Before the award decision is made, the tenderer to whom the contracting entity intends to award the framework agreement must submit documentation that the information stated in the ESPD is accurate. No additional documentation of technical and professional capacity will be required from the candidate. However, the contracting entity reserves the right to contact the candidate or the customer stated in the reference for confirmation of the information stated in the reference, including the dates of the reference indicated. With a minimum of one and maxiumum three references, the candidate must demonstrate the delivery of the following elements: Deliveries of cables covered by the framework agreement in Temperate oceanic climate. The number of references is applicable irrespective of whether the candidate is a single operator, whether the candidate relies on the technical capacities of other entities, or whether the candidate is a group of operators. In the event that there are more than 15 eligible applicants, a selection process will be conducted to prequalify up to 15 applicants. The limitation of applicants who are invited to submit bids will be determined based on an assessment of which applicants have provided the most relevant references of the most comparable supplies as covered by the framework agreement. The term "most relevant references" refers to references with a contract value as close to or exceeding that of the contract covered in this tender.

5.1.10 Award criteria

Criterion :
Type : Price
Name : Price
Description : Evaluated on the basis of the overall price for evaluation purposes (referred to in the following as the "evaluation-technical price"). The overall evaluation-technical price is calculated on the basis of the estimated amount for each cable and the estimated amount for drums together with the offered prices. The evaluation-technical price is a summation of the total for cables and the total for drums.
Weight (percentage, exact) : 80
Criterion :
Type : Quality
Name : Delivery time
Description : Evaluated according to the following framework: Delivery time equal to or less than 60 days will receive 10 points (maximum points). Delivery time equal to 180 days will receive 1 point (minimum points).
Weight (percentage, exact) : 20
Description of the method to be used if weighting cannot be expressed by criteria :
Justification for not indicating the weighting of the award criteria :

5.1.11 Procurement documents

5.1.12 Terms of procurement

Terms of submission :
Electronic submission : Required
Languages in which tenders or requests to participate may be submitted : English
Electronic catalogue : Not allowed
Variants : Not allowed
Tenderers may submit more than one tender : Not allowed
Deadline for receipt of requests to participate : 07/02/2025 22:59 +00:00
Terms of contract :
The execution of the contract must be performed within the framework of sheltered employment programmes : No
Conditions relating to the performance of the contract : The Supplier shall take out and maintain product liability insurance and professional liability insurance at a level in accordance with good industry standard ensuring coverage for personal injury and property damage caused by the Goods or the use of the Goods, and otherwise take out statutory insurance. The insurances must be in force until the time when the Supplier's liability ceases, and thus after the expiry of the Framework Agreement. The Supplier’s product liability insurance shall include coverage for personal injury and property damage of at least DKK 10,000,000.00 per injury damage and in total per year. Damages: The Parties’ total liability for damages shall be limited to DKK 25,000,000.00.
A non-disclosure agreement is required : no
Electronic invoicing : Required
Electronic ordering will be used : yes
Electronic payment will be used : yes
Legal form that must be taken by a group of tenderers that is awarded a contract : If the framework agreement is awarded to a consortium of economic operators, the participants in the consortium must assume joint and several liability and designate a common representative.
Financial arrangement : Invoicing: The remuneration is due for payment thirty (30) Days after the Supplier has submitted a satisfactory invoice. Delay and penalty: In case of delay the Supplier pays a penalty. The penalty is calculated per Working Day and shall amount to 0.5% of the price of the Delivery per Working Day. If the delayed Delivery is a Partial Delivery following the consent of the Customer, the penalty shall amount to the stated percentage of the price of the Partial Delivery. Penalty for the delay of the Delivery shall not exceed 10% of the price of the Delivery.
Information about review deadlines : Pursuant to the Danish Act on the Complaints Board for Public Procurement, etc. (lov om Klagenævnet for Udbud m.v.) (the Act is available (in Danish) at www.retsinformation.dk) , the following deadlines apply to the lodging of complaints: Complaints for not having been selected must be submitted to the Danish Complaints Board for Public Procurement before the expiry of 20 calendar days, see section 7(1) of the Act, from the day after submission of notification to the candidates concerned of the identity of the successful tenderer where the notification is accompanied by an explanation of the grounds for the decision in accordance with section 2(1), para (1) of the Act. In other situations, complaints of award procedures, see section 7(2) of the Act, must be lodged with the Danish Complaints Board for Public Procurement before the expiry of: 1) 45 calendar days after the contracting entity has published a notice in the Official Journal of the European Union that the contracting entity has entered into a contract. The deadline is calculated from the day after the day when the notice was published. 2) 30 calendar days calculated from the day after the day when the contracting entity has notified the candidates concerned that a contract based on a framework agreement with reopening of competition or a dynamic purchasing system has been entered into where the notification has included an explanation of the relevant grounds for the decision. 3) 6 months after the contracting entity entered into a framework agreement calculated from the day after the day when the contracting entity notified the candidates and tenderers concerned, see section 2(2) of the Act. Not later than at the time of lodging a complaint with the Danish Complaints Board for Public Procurement, the complainant must notify the contracting entity in writing that a complaint has been lodged with the Danish Complaints Board for Public Procurement and whether the appeal was lodged during the stand-still period, see section 6(4) of the Act. In cases where the complaint was not lodged within the standstill period, the complainant must furthermore indicate whether a suspensory effect of the complaint has been requested, see section 12(1) of the Act. The e-mail address of the Complaints Board for Public Procurement is set out in section VI.4.1). The Complaints Board’s own complaints procedure is available at https://naevneneshus.dk/start-din-klage/klagenaevnet-for-udbud/vejledning/

5.1.15 Techniques

Framework agreement :
Framework agreement, without reopening of competition
Additional buyer coverage : The framework agreement will be awarded to two (2) suppliers. 60% of the framework agreement will be awarded to the tenderer with the best price-quality ratio. 40% of the framework agreement will be awarded to the tenderer with the second-best price-quality ratio. The maximum total amount under the Framework Agreement is EUR 150,000,000. For the supplier being awarded 60% of the framework agreement, the maximum total amount under the Framework Agreement is EUR 90,000,000. For the supplier being awarded 40% of the framework agreement, the maximum total amount under the Framework Agreement is EUR 60,000,000.
Information about the dynamic purchasing system :
No dynamic purchase system
Electronic auction : yes
Description : The Tenderers who have submitted a last initial and compliant tender will be invited to the electronic auction, which is expected to be held in the end of April, in the electronic tendering system. The auction will be conducted no earlier than two (2) working days after the invitations have been sent out. The Tenderer's opening bid in the auction will be stated in the invitation. The Tenderers' opening bid in the electronic auction is the price offered for the Supplies in the last initial tender. The price of the Supplies corresponds to the price stated by the Tenderer in Appendix C - Price catalogue. The Tenderer will be given the opportunity of quoting a new price for the Supplies during the electronic auction. The Tenderer cannot submit a higher price than submitted in the last initial tender. Any other element of the evaluated price is a fixed part of the e-auction and cannot be adjusted throughout the e-auction. The Contracting Entity will use the following type of e-auction: Reverse auction: In a reverse auction the lowest final price(s) will be awarded the Contract. The reverse auction allows the Tenderers to adjust their prices downwards continuously. The individual Tenderer’s rank is shown at all times and will change continuously and in real time according to the Tenderer´s bids. The individual rank is indicated either by numeric value and/or as colours in a traffic light. In the e-auction, the Tenderers compete directly against each other and without any interference from the Contracting Entity. Going into the e-auction, a penalty for any qualitative criteria, cf. section 3 in Appendix A Tender Evaluation is applied to the respective Tenderers’ last initial tender. The identity of the individual Tenderer will at no time be visible to the other Tenderers during the auction. The Tenderers final price offered during the auction will be the lowest price offered by the Tenderer for the Supplies during the auction. The Contracting Entity will not conduct an e-auction if three or less Tenderers remain after the last initial tender. In this scenario, the Contracting Entity will award the Contract based on the last initial tender.

5.1.16 Further information, mediation and review

Review organisation : Klagenævnet for Udbud
Organisation providing information concerning the general regulatory framework for taxes applicable in the place where the contract is to be performed : Klagenævnet for Udbud
Organisation providing information concerning the general regulatory framework for environmental protection applicable in the place where the contract is to be performed : Klagenævnet for Udbud
Organisation providing additional information about the procurement procedure : Nexel A/S
Organisation providing offline access to the procurement documents : Nexel A/S
Organisation providing more information on the review procedures : Klagenævnet for Udbud
Organisation receiving requests to participate : Nexel A/S
Organisation processing tenders : Nexel A/S
TED eSender : Mercell Holding ASA

8. Organisations

8.1 ORG-0001

Official name : Nexel A/S
Registration number : 20214414
Postal address : Teknikerbyen 25
Town : Virum
Postcode : 2830
Country subdivision (NUTS) : Vest- og Sydsjælland ( DK022 )
Country : Denmark
Contact point : Cecilie Kristine Galster
Telephone : +45 59214213
Internet address : https://andel.dk/
Roles of this organisation :
Buyer
Organisation providing additional information about the procurement procedure
Organisation providing offline access to the procurement documents
Organisation receiving requests to participate
Organisation processing tenders

8.1 ORG-0002

Official name : Klagenævnet for Udbud
Registration number : 37795526
Postal address : Nævnenes Hus, Toldboden 2
Town : Viborg
Postcode : 8800
Country subdivision (NUTS) : Østjylland ( DK042 )
Country : Denmark
Telephone : +45 72405600
Internet address : http://www.klfu.dk
Roles of this organisation :
Review organisation
Organisation providing more information on the review procedures
Organisation providing information concerning the general regulatory framework for taxes applicable in the place where the contract is to be performed
Organisation providing information concerning the general regulatory framework for environmental protection applicable in the place where the contract is to be performed

8.1 ORG-0003

Official name : Mercell Holding ASA
Registration number : 980921565
Postal address : Askekroken 11
Town : Oslo
Postcode : 0277
Country subdivision (NUTS) : Oslo ( NO081 )
Country : Norway
Contact point : eSender
Telephone : +47 21018800
Fax : +47 21018801
Internet address : http://mercell.com/
Roles of this organisation :
TED eSender

11. Notice information

11.1 Notice information

Notice identifier/version : a03ecdf3-f6f5-4f10-a3a6-3737ffa1e424 - 01
Form type : Competition
Notice type : Contract or concession notice – standard regime
Notice dispatch date : 06/01/2025 13:16 +00:00
Notice dispatch date (eSender) : 06/01/2025 15:00 +00:00
Languages in which this notice is officially available : English

11.2 Publication information

Notice publication number : 00010209-2025
OJ S issue number : 5/2025
Publication date : 08/01/2025