Changes1.Publication reference

EuropeAid/140179/IH/WKS/TR

2.Procedure

Open

3.Programme title

Multi-annual Action Programme for Turkey: Environment and Climate Action

4.Financing

IPA II Budget Item 22.02.03.02 of the General Budget of the EU and National Contribution.

5.Contracting Authority

General Directorate of European Union and Foreign Relations, Ministry of Environment and Urbanization, Mustafa Kemal Mahallesi Eskişehir Devlet Yolu 9. Km No:278 Çankaya — Ankara/TURKEY

6.Description of the contract

The main works to be carried out are as follows:

— design and build of approximately 27 400 m3/d average flow rate capacity wastewater treatment plant;

— design and build of treated effluent discharge line;

— testing and commissioning;

— training of the municipality staff;

— 24 months supervision of operation after taking over.

The works will be implemented under FIDIC Conditions of Contract for Plant and Design — Build (Yellow Book, First Edition — 1999).

7.Number and titles of lots

One lot only.

Terms of participation8.Eligibility and rules of origin

Participation is open to all natural persons who are nationals of and legal persons (participating either individually or in a grouping — consortium — of tenderers) which are effectively established in a member state of the European Union or in a eligible country or territory as defined under the Regulation (EU) No 236/2014 establishing common rules and procedures for the implementation of the Union's instruments for external action (CIR) for the applicable Instrument under which the contract is financed (see also heading 23 below). Participation is also open to international organisations. All supplies under this contract must originate in one or more of these countries. However, they may originate from any country when the amount of the supplies to be purchased is below EUR 100 000 per purchased.

For UK candidates or tenderers: please be aware that following the entry into force of the EU-UK Withdrawal Agreement* on 1 February 2020 and in particular Articles 127(6), 137 and 138, the references to natural or legal persons residing or established in a member state of the European Union and to goods originating from an eligible country, as defined under Regulation (EU) No 236/2014** and Annex IV of the ACP-EU Partnership Agreement***, are to be understood as including natural or legal persons residing or established in and to goods originating from, the United Kingdom ****. Those persons and goods are therefore eligible under this call.

* Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community.

** Regulation (EU) No 236/2014 of the European Parliament and of the Council of 11 March 2014 laying down common rules and procedures for the implementation of the Union's instruments for financing external action.

*** Annex IV to the ACP-EU Partnership Agreement, as revised by Decision 1/2014 of the ACPEU Council of Ministers (OJ L196/40, 3 July 2014).

**** including the Overseas Countries and Territories having special relations with the United Kingdom, as laid down in Part Four and Annex II of the TFEU.

9.Grounds for exclusion

Tenderers must submit a signed declaration, included in the tender form for a works contract, to the effect that they are not in any of the situations listed in section 2.6.10.1 of the Practical Guide.

Tenderers included in the lists of EU restrictive measures (see section 2.4. of the PRAG) at the moment of the award decision cannot be awarded the contract.

10.Number of tenders

Tenderers may submit only one tender per lot. Tenders for parts of a lot will not be considered.

Any tenderer may state in its tender that it would offer a discount in the event that its tender is accepted for more than one lot. Tenderers may not submit a tender for a variant solution in addition to their tender for the works required in the tender dossier.

11.Tender security

Tenderers must provide a tender security of EUR 200 000.00 (two hundred thousand euros) when submitting their tender. This guarantee will be released to unsuccessful tenderers once the tender procedure has been completed and to the successful tenderer(s) upon signature of the contract by all parties.

12.Performance security

The successful tenderer will be asked to provide a performance security of 10 % of the amount of the contract at the signing of the contract. This guarantee must be provided together with the return of the countersigned contract no later than 30 days after the tenderer receives the contract signed by the contracting authority. If the selected tenderer fails to provide such a guarantee within this period, the contract will be void and a new contract may be drawn up and sent to the tenderer which has submitted the next cheapest compliant tender.

13.Information meeting and/or site visit

No information meeting is planned.

14.Tender validity

Tenders must remain valid for a period of 90 days after the deadline for submission of tenders. In exceptional circumstances, the contracting authority may, before the validity period expires, request that tenderers extend the validity of tenders for a specific period.

15.Period of implementation of tasks

Time for completion of the works: 810 days from commencement date until the provisional acceptance

Defects notification period: 730 days

Selection and award criteria16.Selection criteria

1) General

The tenderer must be a registered firm or natural person legally capable of carrying out the specified works;

2) Economic and financial capacity of candidate:

The tenderer must satisfy the minimum qualifications required below. In case the tenderer is a joint venture/consortium, the criteria will apply to the joint venture/consortium as a whole. In addition, leading member and the other member(s) of the joint venture/consortium must satisfy the minimum qualifications required in item 16.4 given below.

(a) Annual turnover: (the amount of business done in a year, incomes generated from ongoing works and incomes generated from works undertaken shall be considered as part of the turnover). The average annual turnover of the tenderer in the last 3 financial years must be minimum EUR 7 000 000 or Euro equivalent of another currency.

This must be proven by the audited balance sheets and income statements of the tenderer for the last 3 financial years which were audited by a Certified Public (Sworn) or Chartered Accountant or approved by Tax Office and any other document necessary to prove annual turnover values of the tenderer (e.g. Cover pages of the interim payment certificates, audited reports of the Certified Public (Sworn) or Chartered Accountant showing the incomes of the tenderer from each contract in each year, documents showing the share of the tenderer in JV, etc.). The yearly income of a company coming from a project undertaken as JVs shall also be added to the turnover calculated, in proportion to the share of the particular company in JV.

(b) Financial resources:

The tenderer shall demonstrate, by a bank statement from his bank, that he has available or has access to liquid assets, lines of credit or other financial means sufficient to meet the construction cash flow for the contract of not less than: EUR 3 000 000 or Euro equivalent of another currency. The evidence shall clearly demonstrate that the financing is available for the concerned contract.

(c) Financial position:

The tenderer should be in positive profit account for at least two of the last 3 financial years.

The audited financial statements (audited balance sheets and income tables or, if not required by the law of the tenderer’s country, other financial statements acceptable to the contracting authority) as well as the report of Certified Public (Sworn) or Chartered Accountant for the last 3 financial years shall be submitted and must demonstrate the soundness of the applicant’s financial position, showing long-term profitability.

The contracting authority reserves the right to carry out further inquiry on the tenderer’s financial standing as the evaluation committee may deem appropriate.

Financial data to be provided by the tenderer in relation to the selection criteria must be expressed in EUR. If applicable, where a candidate refers to amounts originally expressed in a different currency, the conversion to EUR shall be made in accordance with the InforEuro exchange rate of May 2020, which can be found at the following address: http://ec.europa.eu/budget/graphs/inforeuro.html

3) Technical and professional capacity of candidate:

The tenderer must have completed construction works contracts in the nature as defined below as the prime contractor within the last 5 (five) years till to the tender submission deadline. (Taking over (provisional acceptance) or performance (final acceptance) certificates should clearly indicate the works completion dates attesting the fact that the works have been completed in the last 5 years; i.e. completion date shall be within 60 months prior to deadline for submission of tenders). The date of taking over/provisional acceptance will be deemed as completion date.

(i) Regardless of the budget, the tenderer shall have completed construction of at least one wastewater treatment plant with a minimum capacity of 20 000 m3/day average wastewater flow rate. Rehabilitation and/or extension works shall not be accepted as similar works.

(ii) Regardless of the budget, the tenderer shall have completed design and construction of an anaerobic wastewater sludge digester of any size. Rehabilitation and/or extension works shall not be accepted as similar works.

(iii) The tenderer shall have completed as designer, process design of at least one wastewater treatment plant including nitrogen removal with a minimum capacity of 20 000 m3/day average wastewater flowrate. Designs for extension or rehabilitation of a wastewater treatment plant shall not be accepted.

(iv) The tenderer shall have completed at least one construction contract according to FIDIC conditions of contract.

Previous experience of the tenderer must be proved by original or notary certified copies of taking over (provisional acceptance) or performance (final acceptance) certificates, signed by the supervisors (the Engineer)/contracting authority of the projects concerned. The completion date in the taking over/provisional acceptance certificate will be taken into account for this criterion as completion date of the relevant works. Ongoing works of the tenderer will not be taken into consideration.

If all of the works specified above have been performed within the scope of a single contract, it must satisfy each criterion separately.

If a tenderer has implemented the project in a JV/Consortium, it should be clear from the documentary evidence (taking over (provisional acceptance) or performance (final acceptance) certificates) the percentage the tenderer has completed. Should the submitted documents not provide clear information on the percentage of the works, it will be clarified by further documents.

The contracting authority reserves the right to ask for originals of the respective certificates of taking over (provisional acceptance) or performance (final acceptance) signed by the supervisors (the Engineer)/project managers/contracting authority of the concerned projects.

The contracting authority reserves the right to carry out further inquiry on the tenderer’s document as the evaluation committee may deem appropriate.

4) A joint venture/consortium shall meet the following particular qualification criteria:

(i) the leading member shall meet not less than 50 % of the annual turnover criterion and financial resources criterion specified above in items 16.2 (a) and (b);

(ii) each member shall meet not less than 10 % of the annual turnover criterion and financial resources criterion specified above in items 16.2 (a) and (b);

(iii) each individual member shall satisfy the legal status criterion stipulated in item 16.1. The joint venture/consortium as a whole must be in positive profit account for at least two of the last 3 financial years collectively;

(iv) the joint venture/consortium must satisfy collectively the similar works experience, annual turnover and financial resources criteria stated above.

Capacity-providing entities:

An economic operator may, where appropriate and for a particular contract, rely on the capacity of other entities, regardless of the legal nature of the links which it has with them. If the tenderer relies on other entities, it must prove to the contracting authority that it will have at its disposal the resources necessary to perform the contract by producing a commitment on the part of those entities to place resources at its disposal. Such entities, for instance the parent company of the economic operator, must respect the same rules of eligibility and notably that of nationality, as the economic operator relying on them and must comply with the selection criteria for which the economic operator relies on them. Furthermore, the tender should include a separate document providing data on this third entity for the relevant selection criterion. Proof of capacity must be provided at the request of the contracting authority.

With regard to technical and professional criteria, a tenderer may only rely on the capacities of other entities where the latter will perform the works for which these capacities are required.

With regard to economic and financial criteria, the entities upon whose capacity the tenderer relies, become jointly and severally liable for the performance of the contract.

17.Award criteria

The most economically advantageous tender is the technically compliant tender with the lowest comparable price.

Tendering18.How to obtain the tender dossier

The tender dossier is available from: General Directorate of EU and Foreign Relations, Ministry of Environment and Urbanisation, Mustafa Kemal Mahallesi Eskişehir Devlet Yolu 9. Km No 278 Çankaya-Ankara/TURKEY.

Upon payment of EUR 100 (One Hundred Euros), which excludes courier delivery. It is also available for inspection at the premises of the contracting authority, address as in point 5 above.

Tenders must be submitted using the standard tender form included in the tender dossier, whose format and instructions must be strictly observed.

The tender dossier is also accessible at the following websites: the contracting authority website at http://www.ipa.gov.tr or website of DG International

Cooperation and Development at https://webgate.ec.europa.eu/europeaid/onlineservices/index.cfm?do=publi.welcome without design documentations and drawings.

Interested tenderers, upon registering their company information and power of attorney of the person who receives the tender dossier and submitting a copy of the receipt for the payment of EUR 100 to the below-mentioned bank account, can receive the tender dossier including drawings and design documents, in electronic format (CD, USB memory stick or similar) from the contracting authority.

Bank account for the payment for the tender dossier:

Bank name: Türkiye Halk Bankası A.Ş.

Branch name: Ankara Kurumsal Şube — TURKEY

IBAN No: TR59 0001 2009 4520 0058 0001 66

Explanatory note: ‘Rize Atıksu Arıtma Tesisi ihale dosyası bedeli-EuropeAid/140179/IH/WKS/TR’

The contracting authority will send the tender dossier by courier if a company located outside Ankara wants to receive it and declares its interest in written form to the contracting authority, by considering enough time and also recommending the appropriate courier service for its specific geographical location. The contracting authority does not accept any responsibility for late delivery of the tender dossier by the courier service. Payment for the courier service will be done by the recipient. The payment for the tender dossier (EUR 100) will be provided to the bank account and the receipt for that amount will be submitted in the tenders as usual procedure for all interested companies.

Tenderers with questions regarding this tender should send them in writing by registered mail or courier to the contracting authority:

Mr İsmail Raci Bayer (Director), General Directorate of EU and Foreign Relations, Ministry of Environment and Urbanisation, Mustafa Kemal Mahallesi Eskişehir Devlet Yolu 9. Km No 278 Çankaya-Ankara/TURKEY, Fax: +90 3124740353, email: abyd.ihale@csb.gov.tr (mentioning the publication reference EuropeAid/140179/IH/WKS/TR) at least 21 days before the deadline for submission of tenders given in item 19.

The contracting authority must reply to all tenderers' questions at least 11 days before the deadline for submission of tenders. Eventual clarifications or minor changes to the tender dossier will be published at the latest 11 days before the submission deadline on the website of DG International Cooperation and Development at https://webgate.ec.europa.eu/europeaid/onlineservices/index.cfm?do=publi.welcome and and on the website of the contracting authority at: http://www.ipa.gov.tr

19.Deadline for submission of tenders

The tenderer's attention is drawn to the fact that there are two different systems for sending tenders: one is by post or private mail service, the other is by hand delivery.

In the first case, the tender must be sent before the date and time limit for submission, as evidenced by the postmark or deposit slip(1), but in the second case it is the acknowledgment of receipt given at the time of the delivery of the tender which will serve as proof.

All tenders must be received at the address of the contracting authority i.e.:

Mr İsmail Raci Bayer (Director), General Directorate of EU and Foreign Relations, Ministry of Environment and Urbanisation, Mustafa Kemal Mahallesi Eskişehir Devlet Yolu 9. Km No 278 Çankaya/Ankara/TURKEY, 14.30 (Local Time — Turkey) on 1 September 2020.

Opening hours of the contracting authority’s office: 9.30 a.m. till 5.30 p.m.

Any tender submitted to the contracting authority after this deadline will not be considered.

The contracting authority may, for reasons of administrative efficiency, reject any tender submitted on time to the postal service but received, for any reason beyond the contracting authority's control, after the effective date of approval of the evaluation report, if accepting tenders that were submitted on time but arrived late would considerably delay the evaluation procedure or jeopardise decisions already taken and notified.

How tenders may be submitted

Tenders must be submitted in English exclusively to the contracting authority in a sealed envelope:

• either by post or by courier service, in which case the evidence shall be constituted by the postmark or the date of the deposit slip, to:

Mr İsmail Raci Bayer (Director), General Directorate of EU and Foreign Relations, Ministry of Environment and Urbanisation, Mustafa Kemal Mahallesi Eskişehir Devlet Yolu 9. Km No 278 Çankaya/Ankara/TURKEY.

• or hand-delivered by the participant in person or by an agent directly to the premises of the contracting authority in return for a signed and dated receipt, in which case the evidence shall be constituted by this acknowledgement of receipt, to:

Mr İsmail Raci Bayer (Director), General Directorate of EU and Foreign Relations, Ministry of Environment and Urbanisation, Mustafa Kemal Mahallesi Eskişehir Devlet Yolu 9. Km No 278 Çankaya/Ankara/TURKEY.

The contract title and the publication reference (see item 1 above) must be clearly marked on the envelope containing the application and must always be mentioned in all subsequent correspondence with the contracting authority.

Tenders submitted by any other means will not be considered.

By submitting a tender tenderers accept to receive notification of the outcome of the procedure by electronic means. Such notification shall be deemed to have been received on the date upon which the contracting authority sends it to the electronic address referred to in the tender.

(1) It is recommended to use registered mail in case the postmark would not be readable.

20.Tender opening session

14.30 (Local Time — Turkey) on 8 September 2020 at the General Directorate of European Union and Foreign Relations’ premises at the address:

General Directorate of EU and Foreign Relations, Ministry of Environment and Urbanisation, Mustafa Kemal Mahallesi Eskişehir Devlet Yolu 9. Km No 278 Çankaya-Ankara/TURKEY.

In the case that at the date of the opening session some tenders have not been delivered to the contracting authority but their representatives can show evidence that they have been sent on time, the contracting authority will allow them to participate in the first opening session and inform all representatives of the tenderers that a second opening session will be organised.

21.Language of the procedure

All written communications for this tender procedure and contract must be in English.

22.Repetition of similar works

Subsequent to the initial contract resulting from the current tender procedure, new works consisting in the repetition of similar works, up to the estimated amount of EUR 3 000 000, may be entrusted to the initial contractor by negotiated procedure without prior publication of a contract notice, provided the new works are in conformity with the same basic project.

23.Legal basis(2)

Regulation (EU) No 236/2014 of the European Parliament and of the Council of 11 March 2014 laying down common rules and procedures for the implementation of the Union's instruments for financing external action and Council Regulation (EC) No 231/2014 of 11 March 2014 establishing an instrument for pre-accession assistance (IPA II) (OJ L 77/11, 11 March 2014, P. 11).

(2) Please state any specificity that might have an impact on rules on participation (such as geographic or thematic or long/short term).

Deadline Date2020-09-01
Publication Date2020-05-25
CountryTurkey
Procurement StatusActive
TypeOpen procedure
Contract TypeWorks
Award CriteriaLowest price
OrganisationGeneral Directorate of European Union and Foreign Relations, Ministry of Environment and Urbanization
TownAnkara
Class Code71356200
Class DescriptionTechnical assistance services
SourceOffice for Official Publications of the European Communities - Tenders electronic daily (Ted)