Questions and Answer in relation to Prequalification Document ID: L3-X-LB-PRE-0008 Version: 4.0 Issue date: 2015-12-04 Issued by: Ring 3 Letbane I/S Approved by: PAMA Patrik Magnusson Checked by: PAMA Patrik Magnusson Prepared by: CLA Carsten Larsen Pages: 14
Table of contents 1 Introduction 3 2 Questions and Answers 3 Revision summary Version Date Scope of revision Change description 1.0 2015-11-13 Released version 2.0 2015-11-20 Q/A No. 4 to 15 added 3.0 2015-11-27 Q/A No. 16 added 4.0 2015-12-04 Q/A No. 17-20 added Page: 2 of 14
1 Introduction The procurement process for Hovedstadens Letbane is ongoing. 6 Contract Notices for the following 8 contracts were published 2015-11-10 at TED: 2015/S 217-396573 for CW-I 2015/S 217-396575 common for CW-VBG and CW-RH 2015/S 217-396576 common for CW-G and CW-L 2015/S 217-396574 for the TS contract 2015/S 217-396567 for the CMC Building contract 2015/S 217-396696 for the O&M contract The present document answers questions raised by potential applicants of general interest for potential applicants. Questions are anonymised and numbered ongoing by Hovedstadens Letbane (HL). The document will be updated on a weekly basis with answers to received questions. 2 Questions and Answers Question 1: Under punkt IV.3.5) står sproget angivet som engelsk er de muligt at aflevere på dansk eller en kombination af dansk og engelsk? HL translation: In section IV.3.5 is language stated as English will it be possible to submit an application in Danish Language or in a combination of Danish and English? Answer 1: No, the application shall be worded in English. Page: 3 of 14
Question 2: Er det korrekt forstået at der kun skal afleveres én prækvalifikation uanfægtet om man kun søger én af hhv. CW-G, CW-L og CW-GL eller om man søger alle tre? HL translation: It is correctly understood that only one application is needed undisputed applying for one of the contracts CW-G, CW-L and CW-GL or applying for all three? Answer 2: Yes In the application shall be stated which contracts the applicant applies for, cf. section III.2.1, No 2. Please notice that the information required in relation to technical capacity shall be submitted for each of the contracts applying for; cf. section III.2.3 ( The above mentioned information in Nos 8 and 9 are required for each contract (CW-G, CW- L, CW-GL) the Applicant applies for ). The answer applies for application for CW-VBG, CW-RH and CW-VBGRH too, but is irrelevant for CW-I, TS, CMC and O&M. Question 3: Is an applicant obliged to include consultants in the organisation? Answer 3: The CW contracts, the TS contract and the CMC Building contract are design and build contracts. If an applicant for the above mentioned contracts does not have design experience in house the design experience must be documented otherwise by including third parties (e.g. consultants) in the organisation. The answer applies for all contracts except the O&M contract. Question 4: Bygherren bedes fremkomme med en udbudstidsplan hvoraf det fremgår, hvornår I oplyser de prækvalificerede for hver PQ, samt hvornår tilbudsdokumenterne tilgår de bydende på de enkelte entrepriser. HL translation: The Employer is asked to provide a tender time schedule stating the time for announcement of selected Tenderers for each contract and the time for releasing the tender documents for each contract. Page: 4 of 14
Answer 4: The required information is given in the information document, section 5: Announcement of selected Tenderers February 2016 Construction Law approved in Parliament April 2016 Release Tender Documents April 2016 The information document can be downloaded from Bascons homepage. Question 5: Bygherren bedes oplyse tilbudsterminer (start, slut og evt. forhandlingsmøder) for hver PQ, således de bydende har mulighed for at planlægge tilbudsarbejdet. Bygherren opfordres til ikke at placere alle tilbud samtidigt. HL translation: The Employer is asked to inform about the deadlines in the tender process (start, finished and negotiation meetings (if any)) for each contract making it possible for the Tenderers to plan tendering. The Employer is encouraged to differ in the deadlines for the different contracts. Answer 5: The required information is given partly in the information document mentioned above in section 5 and partly in section 8.4: Deadline first tender July/August 2016 HL wants to add that the expected deadline for submitting the first tender is July for the TS contract and the O&M contract and August for the rest of the contracts. It is planned for different dates for negotiation of the CW contracts (September/October) and for different dates for the TS and the O&M contracts (August/September). As the Employer decide on the number of rounds of negotiations during the process, cf. section 8.4 in the information document, it is not possible to inform further on the negotiation process at the moment. Page: 5 of 14
Question 6: Bygherren bedes fremlægge en overordnet udførelsestidsplan for hver entreprise, således de bydende har mulighed for at vurdere ressourceindsatsen. HL translation: The Employer is asked to provide an overall construction time schedule for each contract to make the Tenderers able to assess the needed resource deployment. Answer 6: The required information is given in the information document, section 5: Owner s approval April 2017 Construction start 2017 Start of commercial operation 2021 The tender documents will include a construction time schedule. HL does not want to detail any further at the moment. Question 7: Bygherren bedes oplyse om der udbetales udregningsvederlag for tilbuddet, hvis ja i hvilken størrelsesorden er det. HL translation: The Employer is asked to inform whether a tender fee will be paid; and if yes the magnitude of the tender fee? Answer 7: A tender fee will be paid to Tenderers submitting an original tender, which the Employer not are obliged to reject; cf. the contract notices section VI.3. The magnitude is not decided yet and will be given in the tender documents. The answer applies for all contracts except the O&M contract. Page: 6 of 14
Question 8: Regarding Ring 3 Light Rail Prequalification, the presentation brochure indicates a lump-sum cost of DKK 5.3 billion EUR 700 million (2013 prices) for the whole project. Is it possible to have a breakdown cost for each of the six contracts? Answer 8: HL does not wish to inform of the cost for each contract. Question 9: In item III.2.3) Technical Capacity in whichever of the Contract Notices is stated that HL wants a maximum of 10 references per company (company/companies forming the Applicant and every third party (if any). Each company is requested to choose his 10 most relevant references. Which of the following is correct? In case the PQ Applicant is a Consortium a) the maximum of 10 references applies to the Consortium as a whole (a total number of 10 projects regardless the number of companies and third parties that form the Consortium). b) the maximum of 10 references applies individually to each of the companies and third parties forming the Consortium (if the Consortium consist of two companies than the same could provide a maximum of 20 references) Answer 9: The maximum of 10 references applies for each company forming the applicant (Consortium / Joint Venture) and for every third party the applicant bases the application (third parties are not part of the companies forming the applicant as third parties are not part of the Consortium / Joint Venture). Example: A maximum of 40 references will apply for a consortium of two companies forming the applicant and with two consultants included as third parties. Page: 7 of 14
Question 10: Which of the following is correct? In case the PQ Applicant is a Consortium that wants to be prequalified for CW- VBGRH (CW-VBG and CW-RH in one combined contract). a) The references detailed in item III.2.3) Technical Capacity can be 10 (a mix of references for CW-VBG and CW-RH) b) The references detailed in item III.2.3) Technical Capacity can be 20 (10 for CW-VBG and 10 for CW-RH) Answer 10: A maximum of 10 references per company are required for each contract (CW-G, CW-L, CW-GL) the Applicant applies for. Example: A maximum of 40 references for each of the contracts (CW-G, CW-L, CW-GL) will apply for a consortium of two companies forming the applicant and with two consultants included as third parties. The chosen references for CW-GL do not need to be a mix of references submitted for CW-G and CW-L, but naturally will often be. The answer applies for CW-GL and CW-VBGRH. Question 11: We understand from the description that the CMC Contractor will be bound as nominated subcontractor to the TS Contractor. a) How can the TS contractor take over the responsibility for the correct and punctual execution of the work of a subcontractor he did not qualify and choose? Who will care the risk? b) Who will be responsilble for the correct design of the CMC Building? c) Is the CMC Contractor bound to Hovedstadens Letbane and the TS Contractor is executing the Management? d) How will the cost and the risk to supervise the CMC contractor be reimbursed? We understand from the description that the TS Contractor will be subcontractor of the Operations and Maintenance (O&M) Contractor for a part of the Maintenance Work. e) Which type of Maintenance has to be provided by the TS contractor and over which time? f) Who will be the contractual partner for the TS Contractor? Page: 8 of 14
Answer 11: a) The CMC contractor will be transferred to the TS contractor in the contract award process as a nominated subcontractor and after the transfer the CMC contractor will be a subcontractor as any other subcontractors. The risk is therefore on the TS contractor. The CMC contractor will be known to the TS contractor before signing a contract agreement and the released tender documents to the Tenderers for the TS contract will include the tender documents for the CMC contract. b) The TS contractor will be responsible for the design and work executed by the CMC contractor in relation to HL. The CMC contractor in relation to the TS contractor. The answers apply for the TS and the CMC contracts. c) Please refer to the answer above, 11 a) d) The cost for supervision the CMC contractor will be a part of the scope for the TS contractor and will be part of the competition with its own item(s) in the tender list. e) Please refer to the information document, section 4.2: The contract further includes part of maintenance of the TS equipment for a period of 15 years after start of commercial operation. The split will be detailed in the tender documents ; cf. also the answer to question 12. f) Hovedstadens Letbane will be the contractual partner for the TS Contractor until the TS Contractor is transferred to the O&M Contractor as a nominated subcontractor after substantial completion, cf. the information document, section 3.2: The TS Contractor will be transferred to the O&M contractor as a nominated subcontractor for part of the maintenance after substantial completion. The answers apply for the TS and the O&M contracts. Page: 9 of 14
Question 12: We understand from the description that the TS Contractor will be bound as nominated subcontractor to the O&M Contractor. a) What is the exact scope of maintenance to be provided by the TS Contractor? Track, trains, installations on the CMC,? b) Will Hovedstadens Letbane be responsible for the correct maintenance to be executed by the TS Contractor? c) Is the CMC Contractor bound to Hovedstadens Letbane and the TS Contractor is executing the Management? Answer 12: a) The exact scope of maintenance to be provided by the TS Contractor is not decided yet and will be detailed in the tender documents. The maintenance to be provided by the TS Contractor will be a part of the maintenance for selected subsystems including rolling stock. The part to be provided by the TS contractor will differ between subsystems; cf. also the answer to question 11. b) No The TS Contractor will be a nominated subcontractor to the O&M contractor after the TS Contractor is transferred to the O&M Contractor after substantial completion and the O&M contractor will be responsible for the TS contractor in the same way as for any other subcontractor or sub supplier. c) Please refer to the answer to question 11 c). The answer applies for the TS and the O&M contracts. Question 13: Question related to the TS contract: The type of works and deliveries of this contract are very different and require complete diverse profiles of the executing companies. Can these companies form a consortium or is the structure of a Joint Venture obligatory? Answer 13: The structure of a Joint Venture is not obligatory. Two or more companies may form a consortium; cf. section III.2.1 in the contract notices. The Joint Venture or the Consortium may include subcontractors and consultants as third parties. Page: 10 of 14
Question 14: Qeustion related to section III.2.3 in all contract notices: We would like to ask your confirmation for all lots in chapter III.2.3) Technical Capacity the sentence: HL wants a maximum of 10 references per company (company/companies forming the Applicant and every third party (if any)) has to be read: HL wants a maximum of 10 references per Applicant (company/companies forming the Applicant and every third party (if any)) Answer 14: WE can NOT confirm. Please refer to the answer to question No. 9 and 10. Question 15: We understand from the description that the CMC Contractor will be bound as nominated subcontractor to the TS Contractor. For evaluating the eventual risks out of this contractual relation, can you please confirm: a) The CMC contractor will have no contractual relation to Hovedstadens Letbane, only with the TS Contractor. b) All payments will be realized by the future TS Contractor c) The information for the design of the CMC can not be complete during tender phase, as in the moment the rolling stock provider, the railway specific equipment provided by the TS contractor and the final track design will not be known. How will this be solved to enable the CMC contractor to provide a correct offer? d) Who will take over the responsibility of the correctness of the information provided for the CMC building during the tender process? Does this remain with Hovedstadens Letbane? Page: 11 of 14
Answer 15: a) Yes, confirmed b) Yes, confirmed c) The tender documents will include a layout for the CMC building developed to almost a detailed design, which will be part of the project basis for the tendering for the CMC Building, the TS contract and the O&M contract. Project basis is requirements the tenderers are not allowed to change. d) The responsibility for information provided by HL during the tender process remains with HL: Question 16: Hvilket akseltryk forventes letbanen at blive konstrueret til? HL translation: Which axle load is expected for the construction of the light rail? Answer 16: The axle load is expected to be 12 ton, but will be defined finally in the tender documents. Question 17: Hereby we would like to ask following questions regarding the procurement No. 2015/S 217-396574, Denmark-Copenhagen: Tramway works In requirement Technical capacity you require some specific key features, one of them is also f) Traffic management. What is considered under this concept? Answer 17: For this aspect, the Applicants have the possibility to state in the description of project whether traffic management activities has been part of the Applicant s role in the project and include a short description of the provided traffic management at the the project. For example, design or implementation for the management of vehicular, pedestrian and cycle traffic during the construction phase of a project. Page: 12 of 14
Question 18: Hereby we would like to ask following questions regarding the procurement No. 2015/S 217-396574, Denmark-Copenhagen: Tramway works Each reference (maximum 10) must be accompanied by information about the applicant's approximate number of employees who have been involved in comparable assignments within the last 3 years. Is this meant the total number of employees in the whole company or only number of workers and engineers who has been involved in the reference project directly? Answer 18: The question seems to be due to a misunderstanding. The contract notice states: The request must be accompanied by information about the applicant's approximate number of employees who have been involved in comparable assignments within the last 3 years. The number we are looking for is the total number of employees in the company, which has been involved in comparable assignments within the last 3 years and not necessarily involved in the reference project submitted as answer to information on references. Question 19: Kan Hovedstadens Letbane venligst bekræfte, at det er tilladt at anvende "søster selskaber" som tredie part i forhold til "Økonomisk og finansiel kapacitet" samt "teknisk kapacitet". HL Translation: Hovedstadens Letbane is kindly requested to confirm that an application can be based on a sister company in relation to economic and financial capacity as well as technical capacity. Answer 19: Confirmed, in principle any company may be used as a third party. Please notice that the third party shall sign an availability declaration for the capacity, which the application is based, that it so say a declaration for both economic and financial capacity and technical capacity if the application is based on both capacities by the third party. Please also notice that a third party signing an availability declaration in relation to economic and financial capacity shall sign an unlimited surety bond (selvskyldnerkaution) if the Applicant is awarded the contract. Page: 13 of 14
Question 20: Is it allowed for a subconsultant to be subconsultant to more than one applicant? I.e. can a subconsultant be in more than one team? The question is regarding the Civil Works packages. Answer 20: Hovedstadens Letbane will not upfront reject applications from different applicants due to the fact that a company is included as third party in both applications. It will in general be allowed for different applicants to include the same subcontractor or consultant as a third party. In the situation where our obligation to uphold competition or to secure equal treatment are violated Hovedstadens Letbane may be obliged to reject such applications. Page: 14 of 14