BYBANEN I

Bergen Light Rail,

Competition Document Open Procedure above the EU Procurement Thresholds

Entreprise C14 -

Deadline: 5.juni 2013 at 16:00 hrs.

Table of Contents

C14 Flesland Competition Document

1. Introduction ...... 3 1.1 Project Description ...... 3 1.2 Scope and objective of the procurement ...... 4 1.3 Contract notice ...... 4 1.4 Extraction of the remaining competition documents ...... 4 1.5 Subject to funding / political decisions ...... 4 1.6 Part deliveries ...... 5 1.7 Contract ...... 5 2. Implementation of the Competition ...... 5 2.1 Language ...... 5 2.2 Procurement procedure ...... 5 2.3 The content of the qualification documents ...... 5 2.4 Progress schedule for the procurement process ...... 7 2.5 Tender conference/site inspection ...... 7 2.6 Communication during the tendering phase ...... 7 2.7 Supplier’s participating cost ...... 8 3. Wages and working conditions ...... 8 4. Confidentiality and publicity ...... 8 4.1 Confidentiality...... 8 4.2 Public right of access to documents ...... 9 5. Requirements to the Supplier ...... 9 5.1 Mandatory requirements ...... 9 5.2 Requirements to organizational and legal position ...... 10 5.3 Requirements to economic and financial position ...... 10 5.4 Requirements to technical and professional qualifications ...... 10 5.5 Declaration of commitment ...... 12 6. Requirements for the request for qualification and tender ...... 12 6.1 Structuring of tender documents ...... 12 6.2 Tender validity date ...... 14 6.3 Alternative tenders ...... 14 6.4 Changing and withdrawal of Tenders ...... 14 6.5 Deadline for the delivery of the tender ...... 14 6.6 Labeling ...... 14 6.7 Registration and opening of Tenders ...... 14 6.8 Return of Tenders ...... 14 7. Decision ...... 14 7.1 Award criteria ...... 14 7.2 Documentation requirements ...... 15 7.3 Evaluation ...... 15 7.4 Rejection ...... 15 7.5 Type of Contract ...... 15 7.6 Reservations ...... 16 7.7 Notification of the choice of Supplier and standstill period...... 16 8. Annexes ...... 16

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1. Introduction

1.1 Project Description The System (also called Bybanen) is projected to run approximately 20 km, with double tracked lines, between the Bergen city centre in the north and Flesland airport in the south. Bybanen is part of the Bergen program for transportation, urban development and the environment, which is a collective effort to coordinate and prioritize public transportation, environmental issues, road construction and foot- and bike paths. The Bergen program is a 20-year plan for the period 2005 to 2025.

The first construction stage between Byparken, in the centre of Bergen, and terminal runs along approximately 10 km of double track line. This section is completed and in operation.

The second construction stage between Nesttun terminal and Rådal, terminating at the Lagunen shopping centre, runs along approximately 3.6 km of double track line. This construction stage is under construction and will be completed by the summer of 2013.

This pre-qualification applies to Construction Stage 3 of Bybanen. The stage is planned between Rådal and Bergen airport Flesland and has a length of 7.1 km. The works are projected to start in 2013.

The double track shall be constructed as a continuation to the existing track construction starting at Rådal. According to the proposed development plan, the planning area/route extends from the western side of Fanavegen, west of Lagunen shopping centre, through a tunnel under Storheia and continues to a planned stop near Råstøl.

After the stop at Råstøl, the route continues through a tunnel under Steinsvikskrenten, across a bridge over Steinsvikvegen and through a tunnel under Feråsen with a stop at Sandslivegen. From Sandslivegen the route ascends to a stop at Sandslimarka, through a short tunnel under Sandslihovden, passes by the gardening store Plantasjen, passes through a culvert under Ytrebygdsvegen to a new stop on the route to Kokstad. After this, the route will follow Ytrebygdsvegen on the right side of the road with a stop at Kokstad and thereafter continue to the Birkeland crossing. At the Birkeland crossing the light rail crosses Flyplassvegen with a stop and public transit terminal at the Birkeland crossing. The route then continues in a curve south of the Telenor Building and

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crosses below Flyplassvegen in culverts and tunnels towards the west. The route continues on the north side of Flyplassvegen to a stop at Kokstadflaten.

Shortly after the stop at Kokstadflaten, a track crossing has been planned for a Light Rail workshop and depot for Bybanen. This is planned north of Flyplassvegen. An area of 80 acres is planned for the workshop and depot.

From Kokstadflaten, the route continues through a tunnel under the existing parking area, located east of the existing terminal at Bergen airport, and terminates at the new terminal area for the airport, south of the existing terminal. The final stop for the light rail shall be established in the basement of the new terminal at Bergen airport.

The route for construction stage 3 deviates from the first two construction stages in that it will have a segregated route running independently of established traffic arteries.

The county of took formal responsibility for the planning and building of Bybanen from the second construction stage. The builder responsibility of the county is handled by the Bergen Light Rail Project Office (called Bybanen Utbygging in Norwegian) which is placed directly under the Chief executive of the County Council.

Bergen Light Rail is financed through the Bergen program (road tolls and public funding).

Future construction stages are being planned, but are not formally decided and funding is yet to be approved.

1.2 Scope and objective of the procurement For procurement of tunnel work related to the procurement of contract C14. Construction and equipping of a tunnel approximately 540 m, ”Fleslandtunnelen”, retaining walls at the tunnel's eastern portal, two portals, technical control room, mounting bolts for technical installations and water and frost protection in the tunnel.

See ”Arbeidsbeskrivelse (Vedlegg A)”, ”Godtgjørelse (Vedlegg B)” as well as ”Tekniske bestemmelser (Vedlegg E1)” and ”Tegninger (Vedlegg E2)” for further information.

1.3 Contract notice This procurement was sent to Doffin (www.doffin.no) and Tender European Daily (www.ted.europa.eu). Refer to section 2.4 for scheduled date.

1.4 Extraction of the remaining competition documents All attachments to this tender document (see section 2.3) can be downloaded at http://extranet.inventura.no using the following access identification codes:

Username: C14Flesland Password: bNVgm3y0

1.5 Subject to funding / political decisions Please be informed that funding for Construction Stage 3 has not been approved by municipal and county legislature. Final approval by Parliament is expected to be completed prior to contract signature. The Client reserves the right to terminate the tender process/contract award if no such approval is given. This will not result in any liability for the Client.

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1.6 Part deliveries There will be no opportunity to submit tenders that only partly cover this procurement. Only complete deliveries will be accepted.

1.7 Contract The Client will award the contract to 1 – one – Supplier.

If sub-contractors are to be used, the Supplier must give an overview of the sub- contractors and collaborating partners who may be relevant and who could possibly be used, in addition to an outline of their expected contribution.

The Client may have existing agreements with several Suppliers that may have an effect on the delivery and performances of this delivery.

The Supplier is under obligation to cooperate with any third party to the extent deemed necessary by the Client for the performance of the tasks under this contract.

2. Implementation of the Competition

2.1 Language All written and oral communication during the course of this competition from the Client will be conducted in Norwegian or English, including questions to the tender documents, answers to questions received and any changes / clarifications from the Client. The tender documents, Part 1 and 2, with attachments will be provided in both Norwegian and English. The Norwegian documents will hold precedence, with English documents to be considered unofficial translations. The Contract, Part 3, with annexes will only be in Norwegian.

Qualification Request and tender shall be delivered in English and/or Norwegian.

The Contract will be in Norwegian. The main language for the formal and scheduled delivery execution and contract supervision will be Norwegian.

2.2 Procurement procedure This procurement process will be conducted in accordance with the Norwegian Act on Public Procurement of 16th July 1999 no.69 (LOA) and the regulations for public procurement of 7th April 2006 no. 402 (FOA).

The procedure for this competition is an Open Procedure over the EEC threshold values, in accordance with the law for public procurement and appurtenant regulations (FOA) part I and III. This procedure allows all interested Suppliers to participate and submit Tenders.

2.3 The content of the qualification documents This competition documents consist of three parts: Part 1 (this document) contains procedures and the framework describing how the process will be conducted up to the point of contract award, as well as annexes and appendices. Part 2 contains Offer document with annexes.

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Part 3 contains contract document for this procurement, including technical requirements for this procurement.

Participating Suppliers are to respond to this tender document bases on the requirements and conditions set forth in these documents.

Part Documents File format Appendix 1 – Template Request to participate in Word-format competition Appendix 2 – Template HES Self-declaration Word-format

Appendix 3 – Template Self-declaration ILO Conventions Word-format Part 1 Appendix 4 – Template The Suppliers own reference Word-format description Appendix 5 – Template Self-declaration of commitment Word-format

Appendix 6 – Template Self-declaration of capacity Word-format

Annex A: Declaration of confidentiality Word-format

Part 2 Annex B: Offer letter Word-format

Annex C: Reservations and deviations Word-format

Avtaledokument Word-format

Samspillsavtale PDF-format Vedlegg A: Arbeidsbeskrivelse Bilag A1 Miljøoppfølgingsprogram Bilag A2 Entrepriseoversikt Bilag A3 SHA-plan Bilag A4 Grovrisikoanalyse Bilag A5 Geoteknisk datarapport Bilag A6 Supplerende geoteknisk datarapport Bilag A7 Forurensningsvurdering og handlingsplan for materialstyring PDF-format (alle) Bilag A8 Grunnvannsmålinger Bilag A9 Søknad om utslippstillatelser Part 3 Bilag A10 Styre utslipp til overflatevann i byggeperioden Bilag A11 N/A Bilag A12 N/A Bilag A13 Støy og vibrasjoner i byggefasen Bilag A14 Geologisk rapport Bilag A15 Merking av trekkerør

Vedlegg B: Godtgjørelse Word-format Vedlegg C: Fremdrift PDF-format Bilag C1 Entreprenørens orienterende PDF-format kontraktstidsplan Bilag C2 Byggherrens orienterende fremdriftsplan PDF-format for entreprisen Bilag C3 Struktur grunnentreprise

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Vedlegg D: Administrative bestemmelser PDF-format Bilag D1 Byggherrens organisasjonsplan PDF-format Bilag D2 Entreprenørens organisasjonsplan Word-form Bilag D3 Endringsordreskjema PDF-format Bilag D4 Avviksskjema PDF-format Bilag D5 Protokoll for midlertidig overlevering til sideentreprenør Vedlegg E1: Mengde og prosessbeskrivelse PDF-format og GAB-format Vedlegg E2: Tegninger PDF-format

Vedlegg F: Underentreprenører Word-format

Vedlegg G: Forsikring Word-format

Vedlegg H: Bankgaranti Word-format

Kontraktsbestemmelser PDF-format

2.4 Progress schedule for the procurement process The procurement process is planned implemented within the following time schedule:

Activity Date Time Contract notice published on Doffin/TED 09.04.2013 Fixed Tender conference/site inspection 30.04.2013 Fixed Deadline for submitting questions and queries about the 20.05.2013 Fixed Tender Documents Deadline for submitting Tenders 05.06.2013 Fixed Evaluation of qualifications and tenders Week 23- 26 Estimate Award of contract 26.06.2013 Estimate Period which the offer is still valid 05.09.2013 Fixed

2.5 Tender conference/site inspection A tender conference and site inspection is set to 30.april at 09:00 hrs. Attendance is outside Bybanen Utbygging's offices in Nordåsdalen 26, 5235 Rådal. There will first be a conference in the premises of Bybanen Utbygging, then inspection of the site in a bus. Interested parties must send an email to the contact listed in Section 2.6 by 23 april 2013.

2.6 Communication during the tendering phase The Client reserves the right to improve, supplement or alter the competition document within the tender deadline, in accordance with FOA § 17-2.

Improvements, supplements or alterations in competition documents will be announced on Doffin prior to Tender deadline.

Any questions the Supplier may have to the competition documents must be submitted within the question deadline stated under section 2.4 – progress schedule for the procurement process. The deadline is set to give the Client the opportunity to prepare and communicate answers to all participating suppliers before the tender deadline.

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Questions will be answered and sent in an anonymous manner to all who have received the competition documents.

All contact shall be in writing and sent by e-mail to the contact person for this procurement (please include “C14 Flesland“ in the subject field):

Contaktperson: Matias Haukom E-mail: [email protected]

2.7 Supplier’s participating cost All costs the participating suppliers incur in relation to the preparation, submitting and following-up the tender process will not be covered or reimbursed by the Client. Participation will not in any way commit the Client to enter into a contract with the supplier, or involve the Client in any financial commitments.

3. Wages and working conditions If this procurement comprises services or construction and building (works) in accordance with Regulations of 8 February 2008 no. 112 concerning wages and working conditions in public contracts separate requirements, apply, cf. Part 2 “Kontraktsbestemmelser”.

4. Confidentiality and publicity

4.1 Confidentiality By participating in this competition the Supplier commits to treat all information as confidential, which is found in, or related to, this Tender Document and/or acquired throughout the entire procurement process. Such information shall not be disclosed to any third party without the prior consent of the other Party. The scope of the confidentiality obligation shall not be more extensive than the obligation imposed by the Act of 10 February 1967 relating to Procedure in Cases concerning the Public Administration (the Public Administration Act) or corresponding sector-specific regulations, and following the Publicity Act. See also section 4.2 below.

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4.2 Public right of access to documents Until the choice of supplier has been made, tenders and procurement protocol may be exempted from public access, cf. the Publicity Act of 19th of May 2006 no. 16 § 23.

Once a supplier has been chosen, tenders and the procurement protocol shall in principle be considered open to the public. There are however a few exceptions which have been made to the right to information as given in the Publicity Act. Of these exceptions is the exemption from the right to information which is subject to confidentiality according to law or pursuant to law, cf. the Publicity Act § 13, cf. the Public Administration Act § 13.

The Supplier shall present a list of the information they believe shall be kept from public access, as well as provide a signed self-declaration exempting the Client from all duties of confidentiality concerning any and all information not explicitly identified by the Supplier as being confidential. A template for this is included in Part 2 Annex A. In the event of a demand for access being made, the Client must still make an independent appraisal of whether the information in question is such that the Client is obliged to refuse access, cf. the Publicity Act § 29.

The Client is under obligation to comply with the principle of enhanced access to information, cf. the Publicity Act § 11.

5. Requirements to the Supplier The Supplier must fulfill the following requirements for participation in the selection process for participation in the competition:

5.1 Mandatory requirements REQUIREMENT DOCUMENTATION REQUIREMENT Application letter Letter signed by management requesting to be qualified for participation in the procurement process. The attached template may be used, see appendix 1. The Supplier must fulfill Tax certificates not older than 6 months calculated obligations relating to the from the Qualification Request due date. Tax payment of taxes, VAT or similar certificates are defined as: payments under Norwegian law or the law of the State in which the For Norwegian Suppliers: Supplier is established.  A Tax Commission form (RF-1244) issued by the treasury (“Skattekontor”) for value added tax.  A Tax Commission form (RF-1244) issued by the municipality treasurer/ “Skatteoppkreverkontoret” for payroll and regular taxes.

For Foreign Suppliers:  Foreign Suppliers must have corresponding certificates from their authorities documenting that they have complied with the rules and regulations relating to taxes, VAT fees, duties etc. If the authorities do not issue such certificates, the Suppliers shall

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forward a statement confirming that all such taxes have been paid. The Statement shall be confirmed and signed by the Supplier’s Chief Financial Officer and auditor. For works/ services that are being Completed and signed HES statement in accordance performed in Norway the Supplier with FOA. The attached template may be used, see must comply with Norwegian HES appendix 2. – requirements.

5.2 Requirements to organizational and legal position REQUIREMENT DOCUMENTATION REQUIREMENT The Supplier shall have a legally Norwegian Suppliers: established company.  Company registration certificate.

Foreign Suppliers:  Confirmation that the Supplier is registered in a trade register or a register of business enterprise in accordance with the laws of the State where the Supplier is established. The Supplier shall operate in Signed self-declaration – The eight fundamental ILO- abidance with the eight conventions. (Template in Aappendix 3 may be used) fundamental ILO-conventions and that continuous work is being undertaken to ensure that any and all sub-contractors the company uses are also meeting these requirements.

5.3 Requirements to economic and financial position REQUIREMENT DOCUMENTATION REQUIREMENT The Supplier shall have sufficient The Supplier’s two last completed financial statement financial capability to perform (annual accounts) including notes and the the Contract. management’s and the auditor’s report.

As annual accounts for 2012 are not completed within the due date for this prequalification, preliminary account for 2012 shall be submitted in addition to completed annual accounts for 2011 and 2010

The Client reserves the right to obtain a credit rating of the Supplier from the credit rating agency Experian. Financial strength will be evaluated based on capital turnover, operating margin, solidity and liquidity.

The required information mentioned above shall also be attached for the Supplier’s parent company if applicable.

5.4 Requirements to technical and professional qualifications REQUIREMENT DOCUMENTATION REQUIREMENT Relevant experience from similar Description of the companies’ most important projects/ deliveries relevant deliveries over the past 5 years. Please use

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the attached template (Appendix 4). Reference descriptions must contain enough information to assess the relevance of this contract. The Purchaser shall be given the opportunity to contact the reference person. The Supplier shall have good and A short, general description of the company, professional ability to carry out including: the contract.  Supplier must demonstrate that they meet the conditions for and will get local approval necessary for action classes (tiltaksklasser) that follow the Planning and Building Act (Bygningsloven) in Norway. Central approval of the class action (tiltaksklasser) is considered sufficient information. If the supplier does not have an approval or authentication they must fulfill the terms of the Planning and Building Act documents alternatively. o Measures Class 3 (tiltaksklasse 3) site preparation, Staking out surveys and VA facilities o Documentation/approval as a electrical installer gr. L  A short description of the suppliers overall quality assurance system. Maximum 1 A4 page.  A self-declaration regarding capacity and ability to fulfill the commission (template in Appendix 6).  Description of equipment, machinery or other relevant equipment or tools required/provided by the company for carrying out the contract. Very well-functioning SHW –  Supplier must describe how they best can Safety, Health, Work fulfill/meet the Client's goal of an H1-value rate of environment (SHE) 0  A statement of the SHE policy including H1 and H2 values for all projects from the past 3 years. If the supplier has subcontractor(s) for this procurement, the H1 and H2 values of the subcontractor(s) also must be reported for the past 3 years.  Provide clarification for the implementation of the suppliers SHE policy to potential subcontractor(s)  Describe the system for recording and monitoring of adverse events (RUH) Environment: The work is to be The contractor must account for the firm's practices / carried out with no lasting or procedures for the fulfillment of environmental harmful impact on the requirements environment, including noise, waste, emissions. There must be low energy consumption and a high level of recycling.

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It is the Supplier’s responsibility to ensure that all requested documentation is submitted in accordance with the stated requirements. Missing documentation or insufficient information may lead to application/request being rejected, cf. FOA § 20-12.

5.5 Declaration of commitment Suppliers can rely on other suppliers to meet the qualification requirement "Requirements for economic and financial position" in Section 5.3 and Qualification requirement, "Requirements to technical and professional qualifications" in Section 5.4. If the Supplier relies on other suppliers to meet the qualification requirements, a declaration of commitment from this supplier must be submitted (Appendix5).

Missing declaration of commitment where they are necessary to partners / subcontractors to meet the qualification requirements will entail rejection.

6. Requirements for the request for qualification and tender

6.1 Structuring of tender documents To ensure all participating suppliers are treated equally and fairly, it is essential that the tenders be similarly structured. We therefore require that the tender be put in a binder, with the following division:

Part Description Signed letter requesting to participate in competition (Template in appendix 1 is to be used) Tax Certificate for value added tax (or the equivalent)

Tax Certificate for income taxes (or the equivalent) HES declaration (Template in appendix 2 may be used)

Certificate proving the legal registration of company

Signed self-declaration – The eight fundamental ILO-conventions (Template in appendix 3 may be used) The Suppliers financial statement/report including footnotes, the board of Part 1 directors’ assessment and the auditor’s report from the past 2 –two- years. Description of the company's most relevant deliveries over the last five years (use template in Appendix 4) Documentation for central or local authentication

Short description of the supplier's quality assurance system Documentation of adequate resources throughout the engagement. Statement of capacity (use template in Appendix 6) Description of the tools, machinery or technical equipment available to the company for carrying out the contract. Supplier must describe how they best can fulfill/meet the Client's goal of an H1-value rate of 0

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A statement of the SHE policy including H1 and H2 values for all projects from the past 3 years. If the supplier has subcontractor(s) for this procurement, the H1 and H2 values of the subcontractor(s) also must be reported for the past 3 years. Provide clarification for the implementation of the suppliers SHE policy to potential subcontractor(s) Describe the system for recording and monitoring of adverse events (RUH)

The contractor must account for the firm's practices / procedures for compliance with environmental requirements Overview of the data in the offer which the provider believes is confidential by FOA § 3-6, or for other reasons shall be exempt from inspection - use Annex A Annex A: Declaration of confidentiality

Part 2 Annex B: Offer document Annex C: Reservations and deviations

Avtaledokument (points marked in yellow is to be filled in) Beskrivelse av arbeidsopplegg og gjennomføringsmetodikk for oppdraget basert på arbeidsbeskrivelse i Vedlegg A Vedlegg B: Godtgjørelse Vedlegg C: Fremdriftsplan Bilag C1 Entreprenørens orienterende kontraktstidsplan Vedlegg D: Administrative bestemmelser (points marked in yellow is to be filled in) Part 3 Bilag D2 Entreprenørens organisasjonsplan Vedlegg E1: Mengde og prosessbeskrivelse

Vedlegg F: Underentreprenører Vedlegg G: Forsikring – confirmation from the issuer that the insurance is valid for the contract period Vedlegg H: Bankgaranti – confirmation from the issuer that the Bank guarantee is valid for the contract period

The tender to be submitted must be based on the work description in this competition.

The final agreement will be based on the enclosed contract and contract structure. The tender is to be answered and structured accordingly. It shall be noted that when completing Appendices and Annexes the participating supplier must take into account that these will be used as part of the contract, and that they therefore shall not contain any general information or sales argument. Such information shall be stated in the tender cover letter.

Offers must be submitted in two (2) copies, and one (1) electronic copy on a memory stick. In case of conflict, written version will hold precedence over electronic version. All tender documents are also to be submitted electronically on a USB memory stick including a listing of which information the Supplier finds to be confidential and should therefore be exempted from public access as stated in the PDF-document in Part 2 above. All suppliers must give their tender prices in accordance with “Vedlegg B: Godtgjørelse”, Part 3. Deviations from this may result in rejection of the tender.

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6.2 Tender validity date The Tender shall be valid in accordance with the tender validity section in the chart provided under section 2.4.

6.3 Alternative tenders There will be no opportunity to submit alternative tenders.

6.4 Changing and withdrawal of Tenders A tender can be withdrawn or changed up and until the Tender Deadline. Withdrawal shall be done in writing. Changing of the Tender is regarded as a new tender, and shall be fulfilled in accordance with section 6.1.

6.5 Deadline for the delivery of the tender Tenders must be received by the Buyer no later than 5th of June 2013 at 16:00 local time. Tenders received after this deadline will be rejected. Provider bears the risk of errors or delays in the shipment

The tender shall be sent or delivered in a sealed and neutral package to:

Hordaland fylkeskommune v/ Bybanen Utbygging c/o Inventura AS Spelhaugen 22 N-5147 NORWAY Att: Matias Haukom

6.6 Labeling The tender shall be labelled: C14 Flesland.

6.7 Registration and opening of Tenders The Tenders will be registered and marked with the time of delivery when received by the Buyer.

The opening of the Tenders will be performed by a minimum of two representatives from the Buyer. There will be no public opening of the Tenders.

6.8 Return of Tenders Received Tenders will not be returned.

7. Decision

7.1 Award criteria The Contract will be awarded to the Supplier who offers the most economically advantageous Tender based on the award criteria listed below. The following award criteria will be used in evaluating the tenders: Award criteria Weight Total cost 80 % Comprehension of assignment 20 %

Detailed description of award criteria:

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Award criteria: Total cost Total price to meet all requirements, as specified in “Vedlegg B”, table 1.

In addition, modification and amendments to the contract provisions will be assessed and if necessary added to the cost for evaluation purposes, see also section 7.6.

Award criteria: Comprehension of assignment The contract to be carried out within the specified time frames with the right quality and at the agreed cost. To achieve this it is important that the project be organized effectively, that there is good communication between the parties and that the senior and other personnel for this assignment have relevant background and experience. The following factors will be considered:

 Assessment of how Supplier intend to carry out the contract including, but not limited to: o Supplier’s understanding and presentation of the scope of work, including a description of the SHE/HMS Manager role. If using partners/subcontractors this must be described. o Presentation of the facilities operation and handling of masses o Cooperation towards Contractor and partners/subcontractors

 Assessment of the Supplier's staffing of the contract: o For project and construction managers the following shall be attached: . CV (education and experience) . Proven experience from similar assignments

Clarification: - In the qualifying phase, the company's suitability to fulfill the contract was considered. - In connection with the award phase the offered personnel / team will be evaluated.

7.2 Documentation requirements Suppliers have the sole responsibility to fulfill the documentation requirements for the award criteria.

7.3 Evaluation All approved offers will be evaluated using a predefined evaluation model in accordance with the weighting provided in the award criteria.

The award criteria specified in Section 7.1 will be evaluated on a scale of 1-6.

7.4 Rejection The rules for rejection in FOA § 20-12 through § 20-14 apply to this competition. The suppliers are advised to familiarize themselves with these. The Client retains the right to cancel the competition or reject all tenders, if there are compelling objective reasons for this cf. FOA § 22-1.

7.5 Type of Contract The contract will be based on the attached contract (Part 3). Substantial reservations regarding the contract will not be accepted.

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7.6 Reservations Any reservation to the contract must be specified in the tender letter. The reservations must be precise and unambiguous, such that the Client can consider the reservation (and price the consequences). The Client emphasize, that according to the regulations for the open procedure, there is no opportunity to negotiate with the Suppliers. The Suppliers should be cautious about making reservation to the competition documents. The Tender will be rejected if it is impossible to evaluate the reservations and the consequence for the delivery.

7.7 Notification of the choice of Supplier and standstill period The Client will notify all Suppliers in writing, and simultaneously, of the decision of to whom the Client intend to award the Contract, as soon as a choice of Supplier has been made cf. FOA § 22-3.

The notification will include the basis of the decision and a deadline for lodging complaints about the decision (standstill period) from the time of notification of the intention of awarding the Contract until the planned time of signing the Contract (Contract formation).

If the Client finds that the decision to award the Contract is not in accordance with the award criteria, the decision may be annulled until the time at which the Contract is entered into.

8. Annexes Part 1: Appendix 1 – Template Request to participate in competition Appendix 2 – Template HES Self-declaration Appendix 3 – Template Self-declaration ILO Conventions Appendix 4 – Template The Suppliers own reference description Appendix 5 – Template Self-declaration of commitment for sub-contractors Appendix 6 – Template Self-declaration of capacity

Part 2: Annex A: Declaration of Confidentiality Annex B: Offer letter Annex C: Reservations and deviations Part 3: Contract document with corresponding Appendices (Vedlegg) and Annexes (Bilag).

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