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OJ/S S1 04/01/2011 1797-2011-EN

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This notice in TED website: http://ted.europa.eu/udl?uri=TED:NOTICE:1797-2011:TEXT:EN:HTML

B-Diegem: switchgear 2011/S 1-001797 CONTRACT NOTICE - UTILITIES Supplies SECTION I: CONTRACTING ENTITY I.1) NAME, ADDRESSES AND CONTACT POINT(S) Elia System Operator S.A. (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 Extension (supply, installation and commissioning) of an existing 150 kV GIS installation (type ABB ELK-04) in our substation at Zeebrugge - Belgium.

II.1.2)

Type of contract and location of works, place of delivery or of performance Supplies Purchase Main place of delivery Elia Service Center Lendelede - substation Zeebrugge - Belgium.

NUTS code BE255

II.1.3)

The notice involves A public contract

II.1.4)

Information on framework agreement

II.1.5)

Short description of the contract or purchase(s) Extension (supply, installation and commissioning) with 2 x 150 kV supplementary cable bays in existing GIS installation,(included spare parts and optional service) in our substation at Zeebrugge - Belgium.

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II.1.6)

Common procurement vocabulary (CPV) 31214000

II.1.7)

Contract covered by the Government Procurement Agreement (GPA) No

II.1.8)

Division into lots No

II.1.9)

Variants will be accepted Yes

II.2)

QUANTITY OR SCOPE OF THE CONTRACT

II.2.1)

Total quantity or scope — substation Zeebrugge: 2 supplementary 150 kV bays (2 x cable bay) in existing 150 kV GIS installation type ABB ELK-04 (incl. assembly, testing and commissioning of the installation).

II.2.2)

Options No

II.3)

DURATION OF THE CONTRACT OR TIME LIMIT FOR COMPLETION Starting 1.4.2011 Completion 23.12.2011

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 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 SLA. — 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 Dutch according the specification in the Tender.

The applicant has to provide the contracting entity altogether with his request the "Vendors Questionnaire" available at the site of Elia.be.

— Supplies (available at http://www.elia.be/repository/Lists/Library/Attachments/672/ vendors_questionnaire_supplies.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 CD-Rom! (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',

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'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).

In case of a joint venture, each of the partners separately has to submit the documents mentioned above.

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)

CONDITIONS FOR PARTICIPATION

III.2.1)

Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers Information and formalities necessary for evaluating if requirements are met: The applicants need: A) either to provide all the documents required in art. III.2.1. – III.2.2 – III.2.3: A1) if the applicants have not already sent to Elia Asset a complete request for participation [concerning works or material for HV sustations/lines/cables] based upon the scope of the corresponding contract notice(s) published in the last 12 months before the date of publication of the present notice; A2) if the applicants, although they might have sent to Elia Asset one or more request(s) for participation [concerning works or material for HV sustations/lines/cables] based upon the scope of the corresponding contract notice(s) published in the last 12 months before the date of publication of the present notice, were nonetheless not selected by Elia Asset for any of their requests for participation; B) if the applicants have already sent to Elia Asset a complete request for participation [concerning works or material for HV sustations/lines/cables] based upon the scope of the corresponding contract notice(s) published in the last 12 months before the date of publication of the present notice; the contractor will refer to that previous project and provide us, in particular, the relevant information concerning changes in the personal situation of the applicant with regard to his previous request to participation,. Furthermore these applicants are asked to provide the references of similar achievements as those described in the scope of the present project (see pt.

II.2.1. before), and to provide the 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, even in case of previous transmission of these information.

In case of a joint venture, the conditions mentioned above in (A) and (B) apply to each partner separately.

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.

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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 above.

Furthermore, a joint venture has to submit copy of the act of its establishment and of the proxies concerning representation. j) his average Frequency Rate over the past five years is above the last published rate of the concerned sector (NACE) in Belgium; k) – 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 when asked for and, — the French language when asked for.

The Contracting entity reserves the right to demand at any time from the applicant the written evidence and all the justificatory, official documents related to the legal position as specified above.

2. The applicant or his subcontractors has to submit a certificate proving his registration as a Belgian contractor, if any.

III.2.2)

Economic and financial capacity The applicants have to submit the following documents and/or information: — All information/data asked in the Vendors Questionnaire, — references of similar achievements (by indicating their volume) during the last 3 years, — an ISO-9000 certificate or any other equivalent-level certification in the field concerned, — an organisation chart showing main functional responsibilities, — a VCA or BeSaCC certificate or any other equivalent-level safety certification in the field concerned, — a EMAS or ISO-14001 certificate or any other equivalent-level certification in the field concerned.

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. references of comparable achievements of 150 kV GIS (mechanical driven circuitbreaker) installation (by indicating their volume and type of G.I.S) in Europe and in particulary in Belgium 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;

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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; 7. an organisation chart showing main functional responsibilities; 8. a statement of the firm's average annual manpower and the number of managerial staff for the last three years;(especially related to the GIS 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; 13. description of the intervention procedure and average intervention times following urgent phone calls.

The absence of appropriate references 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

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: 2009/S 239-342342 of 11.12.2009

IV.3.3)

Conditions for obtaining specifications and additional documents Time limit for receipt of requests for documents or for accessing documents 10.1.2011 Payable documents No

IV.3.4)

Time limit for receipt of tenders or requests to participate

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23.1.2011 - 12:00 IV.3.5)

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

IV.3.6)

Minimum time frame during which the tenderer must maintain the tender

IV.3.7)

Conditions for opening tenders

SECTION VI: COMPLEMENTARY INFORMATION VI.1) 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 3.

Supplementary ranking criteria for selection,besides par IV, (in descending order of importance) are: The Supplier will be responsable for: 1) the supply, installation and commissioning of the extension of the GIS; 2) the good operational functioning of the complete GIS installation, included the already existing 150 kV (type:ABB ELK-04) installation; 3) Actual existing productionunits of 150 kV GIS bays (mechanical driven circuitbreaker) in Western-Europe of the tenders; 4) Realized projects of 150 kV GIS (mechanical driven cb) installation in Western-Europe by the tenders; 5) Realized projects of 150 kV GIS installation at high-tension grid companies in Western-Europe by the tenders.

The Supplier will be responsable for: a) the supply, installation and commissioning of the GIS installation; b) the good operational functioning of the complete GIS installation during warranty period.

VI.4)

PROCEDURES FOR APPEAL

VI.4.1)

Body responsible for appeal procedures Elia System Operator S.A. (member of the Elia group) Culligaanlaan 1G Prater Building 1831 Diegem BELGIUM E-mail: danny.vanderhaeghen@elia.be Tel. +32 25467932 Fax +32 25467840 Body responsible for mediation procedures Elia System Operator S.A. (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

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VI.4.3)

Service from which information about the lodging of appeals may be obtained Elia System Operator S.A. (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: 28.12.2010

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