General contract construction works in connection with. DNS's Modernisation Project

The builder ́s objective with the procurement is to engage a contractor who shall mainly carry out the construction work included in the theatre's Modernisation project. The modernisation project is a comprehensive construction project, where both the engineering design services and the execution are located in development classes 2 and …

CPV: 45000000 Trabajos de construcción, 45100000 Trabajos de preparación del terreno, 45200000 Trabajos generales de construcción de inmuebles y obras de ingeniería civil, 45210000 Trabajos de construcción de inmuebles, 45212000 Trabajos de construcción de edificios relacionados con el ocio, los deportes, la cultura y el alojamiento y restaurantes, 45212300 Trabajos de construcción de edificios culturales y relacionados con el arte, 45212350 Edificios de interés histórico o arquitectónico, 45262700 Trabajos de transformación de edificios, 45300000 Trabajos de instalación en edificios, 45400000 Acabado de edificios, 45454100 Trabajos de restauración
Lugar de ejecución:
General contract construction works in connection with. DNS's Modernisation Project
Organismo adjudicador:
AS Den Nationale Scene
Número de premio:
24004

1. Buyer

1.1 Buyer

Official name : AS Den Nationale Scene
Legal type of the buyer : Body governed by public law
Activity of the contracting authority : Recreation, culture and religion

2. Procedure

2.1 Procedure

Title : General contract construction works in connection with. DNS's Modernisation Project
Description : The builder ́s objective with the procurement is to engage a contractor who shall mainly carry out the construction work included in the theatre's Modernisation project. The modernisation project is a comprehensive construction project, where both the engineering design services and the execution are located in development classes 2 and 3. The contractor shall have the role of general contractor. In addition to their own services, the general contractor shall carry out construction site administration and progress control of side contractors, first and foremost turnkey contractor for stage machinery (BEO Trekwerk B.V.). Furthermore, it is relevant with a number of transporters in the project, see more information on this in Part 2 Contract documentation point A.3. The builder considers it appropriate for the general contractor to be designated as the project ́s main company. An optimisation phase is planned between the general contractor for construction work, stage machinery contractor and builder. The optimisation phase is estimated to be from January/February 2025 to May 2025. NS 8405 will be used as the contract terms with the alterations and additions resulting from DNS ́s contract documentation. The assignment ́s start-up will be as soon as possible after the contract has been signed. The value of the contract is estimated above the EU threshold values in the procurement regulations. Some of the measures in the tender documentation are listed as options, so that DNS can manage the scope and cost of the procurement against grants and other possible financing. The option items are associated with the following measures: • New Theatre basement entrance • Construction work district heating expansion • Reduce surface qualities in new constructions • Reduce sound insulation requirements/construction qualities • Construction work connected to a new and larger lifting lamp at Teaterkjelleren • Measures at the park • Messanin at the magazine • New toilets by the vestibula. The options are further described and marked in the post description in annex 1.
Procedure identifier : b656a073-030a-4095-9662-83623a80f1e1
Internal identifier : 24004
Type of procedure : Negotiated with prior publication of a call for competition / competitive with negotiation
Justification for the accelerated procedure :
Main features of the procedure :

2.1.1 Purpose

Main nature of the contract : Works
Main classification ( cpv ): 45000000 Construction work
Additional classification ( cpv ): 45100000 Site preparation work
Additional classification ( cpv ): 45200000 Works for complete or part construction and civil engineering work
Additional classification ( cpv ): 45210000 Building construction work
Additional classification ( cpv ): 45212000 Construction work for buildings relating to leisure, sports, culture, lodging and restaurants
Additional classification ( cpv ): 45212300 Construction work for art and cultural buildings
Additional classification ( cpv ): 45212350 Buildings of particular historical or architectural interest
Additional classification ( cpv ): 45262700 Building alteration work
Additional classification ( cpv ): 45300000 Building installation work
Additional classification ( cpv ): 45400000 Building completion work
Additional classification ( cpv ): 45454100 Restoration work

2.1.2 Place of performance

Postal address : Engen 1
Town : Bergen
Postcode : 5011
Country subdivision (NUTS) : Vestland ( NO0A2 )
Country : Norway

2.1.4 General information

Legal basis :
Directive 2014/24/EU

2.1.6 Grounds for exclusion

Analogous situation like bankruptcy under national law : 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.
Bankruptcy : 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.
Corruption : 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.
Arrangement with creditors : 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.
Participation in a criminal organisation : Is the tenderer himself or a person, who is a member of the tenderer's administration, management or supervisory body or has the competence to represent or control or make decisions in such bodies, at the time a legally convicted verdict of participation in a criminal organisation by a verdict handed down no more than five years ago, or a rejection period set out directly in the judgement that still applies? Participation in a criminal organisation as defined in Article 2 of the Council ́s framework decision 2008/841/RIA of 24 October 2008 on control of organised crime (EUT L 300 of 11.11.2008, p. 42)
Agreements with other economic operators aimed at distorting competition : Has the tenderer entered into agreement(s) with other tenderers with the intention of turning the competition?
Breaching of obligations in the fields of environmental law : 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.
Money laundering or terrorist financing : Is the tenderer himself or a person, who is a member of the tenderer's administration, management or supervisory body or has the competence to represent or control or make decisions in such bodies, in the event a legal verdict has been convicted of money laundering or financing terrorism by a verdict handed down no more than five years ago, or a rejection period set out directly in the judgement that still applies? Money laundering or financing terrorism As defined in Article 1 of the European Parliament and Council Directive 2005/60/EF of 26 October 2005 on preventive measures against the use of the financial system for money laundering and financing terrorism (EUT L 309 of 25.11.2005, p. 15).
Fraud : Is the tenderer himself or a person, who is a member of the tenderer's administration, management or supervisory body or has the competence to represent or control or make decisions in such bodies, at the time a legally convicted of fraud has been convicted of fraud by a verdict handed down not more than five years ago, or a rejection period determined directly in the judgement that still applies? Fraud included in Article 1 of the Convention on protection of the Financial Interests of the European Communities (EFT C 316 of 27.11.1995, p. 48).
Child labour and other forms of trafficking in human beings : Is the tenderer himself or a person, who is a member of the tenderer's administration, management or supervisory body or has the competence to represent or control or make decisions in such bodies, in the event a legal verdict has been convicted of child labour and other forms of human trafficking by a verdict handed down no more than five years ago, or a rejection period determined directly in the judgement that still applies? Child labour and other forms of human trafficking as defined in Article 2 of the European Parliament and council directive 2011/36/EU of 5. 1 April 2011 on the prevention and control of human trafficking and the protection of its victims and for compensation of the Council ́s framework decision 2002/629/RIA (EUT L 101 of 15.4.2011, p. 1).
Insolvency : 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.
Breaching of obligations in the fields of labour law : 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.
Assets being administered by liquidator : 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.
Guilty of misrepresentation, withheld information, unable to provide required documents and obtained confidential information of this procedure : Have the tenderer:a) given grossly incorrect information when notifying the information required to verify that there is no basis for rejection, or of the qualification requirements being met,b) failed to provide such information,c) subject to immediately submitting the supporting documents requested by the Contracting Authority, ord) improperly affecting 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?
Conflict of interest due to its participation in the procurement procedure : Are tenderers aware of a conflict of interest as stated in national law, the relevant notice or procurement documents?
Direct or indirect involvement in the preparation of this procurement procedure : 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?
Guilty of grave professional misconduct : Has the tenderer committed serious errors in professional practice? If relevant, see the definitions in national law, the relevant notice or procurement documents.
Early termination, damages or other comparable sanctions : 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?
Breaching of obligations in the fields of social law : 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.
Payment of social security contributions : 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?
Business activities are suspended : 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.
Payment of taxes : 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?
Terrorist offences or offences linked to terrorist activities : 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.

5. Lot

5.1 Lot technical ID : LOT-0000

Title : General contract construction works in connection with. DNS's Modernisation Project
Description : The builder ́s objective with the procurement is to engage a contractor who shall mainly carry out the construction work included in the theatre's Modernisation project. The modernisation project is a comprehensive construction project, where both the engineering design services and the execution are located in development classes 2 and 3. The contractor shall have the role of general contractor. In addition to their own services, the general contractor shall carry out construction site administration and progress control of side contractors, first and foremost turnkey contractor for stage machinery (BEO Trekwerk B.V.). Furthermore, it is relevant with a number of transporters in the project, see more information on this in Part 2 Contract documentation point A.3. The builder considers it appropriate for the general contractor to be designated as the project ́s main company. An optimisation phase is planned between the general contractor for construction work, stage machinery contractor and builder. The optimisation phase is estimated to be from January/February 2025 to May 2025. NS 8405 will be used as the contract terms with the alterations and additions resulting from DNS ́s contract documentation. The assignment ́s start-up will be as soon as possible after the contract has been signed. The value of the contract is estimated above the EU threshold values in the procurement regulations. Some of the measures in the tender documentation are listed as options, so that DNS can manage the scope and cost of the procurement against grants and other possible financing. The option items are associated with the following measures: • New Theatre basement entrance • Construction work district heating expansion • Reduce surface qualities in new constructions • Reduce sound insulation requirements/construction qualities • Construction work connected to a new and larger lifting lamp at Teaterkjelleren • Measures at the park • Messanin at the magazine • New toilets by the vestibula. The options are further described and marked in the post description in annex 1.
Internal identifier : 1

5.1.1 Purpose

Main nature of the contract : Works
Main classification ( cpv ): 45000000 Construction work
Additional classification ( cpv ): 45100000 Site preparation work
Additional classification ( cpv ): 45200000 Works for complete or part construction and civil engineering work
Additional classification ( cpv ): 45210000 Building construction work
Additional classification ( cpv ): 45212000 Construction work for buildings relating to leisure, sports, culture, lodging and restaurants
Additional classification ( cpv ): 45212300 Construction work for art and cultural buildings
Additional classification ( cpv ): 45212350 Buildings of particular historical or architectural interest
Additional classification ( cpv ): 45262700 Building alteration work
Additional classification ( cpv ): 45300000 Building installation work
Additional classification ( cpv ): 45400000 Building completion work
Additional classification ( cpv ): 45454100 Restoration work

5.1.2 Place of performance

Postal address : Engen 1
Town : Bergen
Postcode : 5011
Country subdivision (NUTS) : Vestland ( NO0A2 )
Country : Norway
Additional information :

5.1.3 Estimated duration

Start date : 27/01/2025
Duration end date : 30/06/2026

5.1.6 General information

Reserved participation : Participation is not reserved.
Procurement Project not financed with EU Funds.
The procurement is covered by the Government Procurement Agreement (GPA) : yes

5.1.9 Selection criteria

Criterion :
Type : Economic and financial standing
Name : Economic and financial position requirements
Description : Requirement: Tenderers shall have good economic and financial capacity to be able to fulfil the contract. The required economic and financial capacity will be assessed in relation to the contract ́s extent, services, risk and duration. Documentation: A credit rating from a certified credit rating company based on the last known accounting figures. The key figures in the accounts must be presented together with an assessment of the tenderer's payment experience. If a tenderer has a justifiable reason for not submitting the documentation that the contracting authority has required, he can document his economic and financial capacity by presenting any other document that the Contracting Authority deems appropriate.
Use of this criterion : Used
Criterion :
Type : Other
Name : Requirement for a quality assurance system.
Description : Requirement: Tenderers shall have a quality assurance system suited to the contract ́s complexity, risk and aim. Documentation: A description of the tenderer's quality assurance methods. If a tenderer is certified in accordance with ISO 9001 or equivalent quality assurance certifications, it is sufficient to enclose a copy of a valid certificate.
Use of this criterion : Used
Criterion :
Type : Other
Name : Requirements for environmental management measures.
Description : Requirement: Tenderers shall have environmental management measures adapted to the contract's environmental objectives, environmental properties, complexity and risk. Documentation: A description of the tenderer's environmental management measures. If a tenderer is certified in accordance with ISO 14001, EMAS or Miljøfyrtårn (within the set of criteria construction and technical installation) or equivalent, it is sufficient to enclose a copy of a valid certificate provided that the environmental management measures are included in the certification scheme.
Use of this criterion : Used
Criterion :
Type : Suitability to pursue the professional activity
Name : Registration requirements
Description : Requirement: Tenderers shall be registered in a company register, professional register or a commerce register in the country where the tenderer is established. Documentation: • Norwegian companies: Company Registration Certificate. • Foreign companies: Verification that the tenderer is registered in a company register, professional register or a commerce register in the country where the tenderer is established.
Use of this criterion : Used
Criterion :
Type : Technical and professional ability
Name : Requirement for good experience from the execution of comparable projects.
Description : Requirement: Tenderers shall have good experience with the execution of comparable projects. Comparable projects means arts buildings/theatres/public buildings, listed buildings and/or buildings of an equivalent size and complexity with universal design. Tenderers are required to submit written certificates from the provided references for satisfactory execution of the reference work. The contracting authority ́s own experiences, as well as experiences from other contracting authorities, will be included in the assessment of experience from similar assignments. If the contracting authority has its own experiences with the tenderer, these will be emphasised on the same basis as other references. Documentation: Description (including certificate from the customer) of up to 5 of the tenderer's most relevant assignments in the last 10 years. Part I annex 5 Reference form including certificate must be completed per reference project. It is the tenderer ́s responsibility to document relevance through the description.
Use of this criterion : Used
Criterion :
Type : Technical and professional ability
Name : Capacity requirements etc.
Description : Requirement: The tenderer must be organised in a way that ensures sufficient manpower, capacity and ability to handle the contract. Documentation: • A description of the tenderer's average workforce in the last three years. • A description of how the tenderer will organise the execution of the contract work, including a description of to what degree the sub-suppliers will be used. The response shall not exceed 2 A4 pages.
Use of this criterion : Used

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 : Norwegian
Electronic catalogue : Not allowed
Deadline for receipt of requests to participate : 27/09/2024 10:00 +00:00
Terms of contract :
The execution of the contract must be performed within the framework of sheltered employment programmes : No
Electronic invoicing : Required
Electronic ordering will be used : yes
Electronic payment will be used : yes

5.1.15 Techniques

Framework agreement :
No framework agreement
Information about the dynamic purchasing system :
No dynamic purchase system
Electronic auction : no

5.1.16 Further information, mediation and review

Review organisation : Hordaland tingrett

8. Organisations

8.1 ORG-0001

Official name : AS Den Nationale Scene
Registration number : 811167452
Postal address : Engen 1
Town : Bergen
Postcode : 5011
Country : Norway
Contact point : Linn Marie Rian
Telephone : +47 99560996
Roles of this organisation :
Buyer

8.1 ORG-0002

Official name : Hordaland tingrett
Registration number : 926723367
Postal address : Postboks 7412
Town : Bergen
Postcode : 5020
Country : Norway
Telephone : 55 69 97 00
Roles of this organisation :
Review organisation

11. Notice information

11.1 Notice information

Notice identifier/version : 807211fb-f62f-4c2f-a271-d92da59f8a9e - 01
Form type : Competition
Notice type : Contract or concession notice – standard regime
Notice dispatch date : 23/08/2024 12:17 +00:00
Notice dispatch date (eSender) : 23/08/2024 13:00 +00:00
Languages in which this notice is officially available : English

11.2 Publication information

Notice publication number : 00512411-2024
OJ S issue number : 166/2024
Publication date : 27/08/2024