Public procurement notice: Contract Notice
Published: 2025-01-20
Buyer: Statens vegvesen
Country: NO
Region: NO020
Contract type: Works
Procedure: Open procedure
CPV classification: 34993000 | 45000000: Construction work | 45233130: Road works | 45233141: Road-maintenance work | 45316110
Submission deadline: 2025-02-03
Award criteria: price, quality

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

Eligibility requirements: 1. Tenderers shall have sufficient economic and financial capacity to.
fulfil the contract.
2. Tenderers shall have an equity percentage of at least 10%.
3. The average annual turnover in the last three years shall as a minimum correspond to annual turnover for the contract.

Tenderers shall present the following documentation if requested by the contracting authority:

1. The tenderer's annual financial statement, annual report and auditor's report for the last three years and recent information (quarterly accounts) that is of importance to the tenderer's fiscal numbers. 

2. A brief account of information on economic conditions or losses that are not documented elsewhere and which is required to be documented in accordance with Norwegian and/or international accounting standards.

3. An overview of any recently executed, ongoing or pending tax or public reviews of the tenderer's activities.

4. An overview of any events of significance that has taken place after publication of the last revised annual accounts.

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 of relevance to the company's fiscal figures/economy. Tenderers shall justify why they cannot submit the documentation that the contracting authority has required.
other
Tenderers and key contract helpers ought to have an average H1 for the last three years lower than 15.
If the H1-value is higher than 15, an account shall be given of the developing trend of the H1-value and possibly the F-value, which will express the severity of any high H1-value. 
If the tenderer is a working partnership (supplier consortium), the requirements apply for each of the participants.

The H1-value is defined as the number of work accidents with absence in relation to the hours work multiplied by 10 exalted in 6.

Documentation requirement: 

1. Overview of the company ́s H1-value and central contractual partners in the last three years. 
2. If the H1-value is higher than 15, an account shall be given of the developing trend of the H1-value and possibly the F-value, which will express the severity of any high H1-value. In addition a separate account shall then be provided as to whether improvement measures have been implemented, and if so also documentation on the effectiveness of these measures.
The tenderer can, if necessary, rely on other companies' capacity to fulfil the requirements for economic and financial capacity and/or the requirements for technical and professional qualifications.

Tenderers shall confirm that they fulfil this requirement when submitting their tender. In addition, each individual entity that the tenderer will use to submit a separate ESPD form when submitting a tender.

Tenderers shall, upon request from the contracting authority, present the following documentation proof:

• Documentation that shows that the tenderer can use the necessary resources for the entities that they will use, for example, a commitment statement from these businesses. 

The template for the commitment statement is published on: https://www.vegvesen.no/fag/veg-og-gate/konkurranser-og-kontraktsdokumenter/generelle-kontraktsdokumenter/.

• Documentation that shows that the company(s), that the tenderer will use, fulfil the qualification requirement 'the tenderer ́s organisational and legal position'.

• Documentation that shows that the company(s), that the tenderer will use, fulfil the relevant qualification requirements.

• If a tenderer will use the capacity of other companies to fulfil the requirements for economic and financial capacity, a signed joint and several liability statement must be enclosed.

The template for a joint and several liability statement is published on: https://www.vegvesen.no/fag/veg-og-gate/konkurranser-og-kontraktsdokumenter/generelle-kontraktsdokumenter/. 

If a tenderer will use the capacity of other companies to fulfil the requirements of relevant experience, these entities shall carry out the services or the building and construction work that requires such qualifications.
Several tenderers can participate in the competition jointly. The community must see to the necessary documentation that all the qualification requirements are met.

The contracting authority will assess each individual supplier in the community against the provisions on rejection, cf. § 9-5 and § 24-2, this except the provision in § 9-5 (1) letter a) and § 24-2 (1) letter a) fulfilment of the qualification requirements, which will be applied to the jointly combined set.

Tenderers who participate as a working partnership will be assessed collectively for the qualification requirements, with the exception of the requirements for the tenderer's organisational and legal position, documentation for absence of rejection reasons, tax certificates and authority for information on tax and duties (OSA).

Tenderers shall confirm that they fulfil this requirement when submitting their tender. In addition, each individual entity in the (work) group shall submit separate ESPD forms when submitting a tender.

Tenderers shall, upon request from the contracting authority, present the following documentation proof:

• An account of the group (including each participant's role), each participant's organisation number, address and nationality.
• The same documentation as individual tenderers shall be provided for each individual tenderer who participate in the group.

• Declaration of joint and several liability to the contracting authority.

The template for a joint and several liability statement is published on: https://www.vegvesen.no/fag/veg-og-gate/konkurranser-og-kontraktsdokumenter/generelle-kontraktsdokumenter/. 

The community of suppliers can, if necessary, rely on other entities to fulfil the qualification requirements, see the point on support from other companies to fulfil the qualification requirements. 

The contracting authority requires that the tenderer who fulfils the requirements for relevant experience shall carry out the services or the building and construction work that requires such qualifications.
A tenderer who is newly established and cannot present all the required documentation must be particularly careful to document and substantiate that they still have the prerequisites required to fulfil the contract.

It is particularly important that such tenderers can document a sufficiently large workforce for the execution of the contract, including technical and professional qualifications. Newly established tenderers emphasise that it is the tenderer's ability as such to carry out the contract that is assessed, not individual persons ́ competence in isolation. 

If a newly established tenderer has experience from contracts, the most relevant contracts from which the tenderer has experience must be completed in accordance with the documentation requirements regarding relevant experience. This is even if the contracts are of such a nature that they do not fulfil the specified requirements.    

Missing or inadequate documentation in one or more of the requirements can result in the tenderer being rejected. Insufficient or incorrect completed response form can also lead to rejection.

Tenderers who have established themselves within a new discipline can also be seen as newly established.
Tenderers shall submit the European Self-Declaration Form (ESPD) together with the request to participate in the competition or together with the tender.
The provisions on rejection due to conditions at the tenderer are stated in the procurement regulations § 24-2. The European Self-Declaration Form (ESPD) applies as provisional documentation, among other things, so that there are no such reasons for rejection. 

Further documentation requirements for absence of rejection reasons are in the procurement regulations § 24-7, possibly also § 24-5 (1) if documentation of such measures is relevant. The documentation shall be submitted in accordance with the communication terms stated in chapter B1 and in accordance with the deadline set by the Contracting Authority, in the event that the Contracting Authority requires this. The certificates mentioned in § 24-7 (1) letter a) and b) must not be older than 6 months calculated from the deadline for submitting a request for participation in the competition or a tender.
 
If the necessary certificates/documents for documenting the absence of rejection reasons are not issued in the tenderer's home country or the country where they are established, or if they do not cover all the rejection reasons mentioned in the procurement regulations § 24-2 (1) letter b, (2) and (3) letters a and b, the completed ESPD form applies as documentation for these conditions.

The contracting authority will be able to conduct separate surveys related to the tenderer's activities, including participants in a supplier partnership and supported entities to the tenderer, as well as other conditions that are relevant to assess whether the tenderer can be qualified.
Tenderers shall, upon request by the contracting authority, submit a tax certificate for VAT and tax certificates issued by a competent body in the tenderer's home country or the country where the tenderer is established. The certificate shall document whether the tenderer has fulfilled his obligations to pay taxes, duties and social security contributions. 
The certificate must not be older than 6 months calculated from the deadline for submitting a request for participation in the competition or a tender.