2.1.1.
Objet
Nature du marché: Services
Nature supplémentaire du marché: Fournitures
Nomenclature principale (cpv): 72000000 Services de technologies de l'information, conseil, développement de logiciels, internet et appui
Nomenclature supplémentaire (cpv): 48000000 Logiciels et systèmes d'information
2.1.2.
Lieu d’exécution
N’importe où dans l’Espace économique européen
2.1.4.
Informations générales
Informations complémentaires: The Finnish Act on Procurements and Concession Contracts of Entities Operating in the Water and Energy Supply, Transport and Postal Services Sector 1398/2016 (later "Act on Procurement Contracts in the Utilities Sector") applies to the procurement. The procurement will be carried out by means of negotiated procedure. All requirements for the procurement, as well as the contract terms, will be defined during the procurement procedure. All final requirements will be presented in the final invitation to tender. This procurement is a joint procurement of VR-Group Plc and VR Snabbtåg Sverige AB as referred to in Article 57 point 4 of the Utilities Directive (25/2014/EU), section 32 subsection 3 of the Finnish Act on Procurement Contracts in the Utilities Sector (1398/2016) and chapter 7, sections 9, 12, 13 and 14 of the Swedish Act on Procurement in the Utilities Sectors (2016:1146). VR-Group Plc will conduct the procurement procedure on behalf of both VR-Group Plc and VR Snabbtåg Sverige AB. VR-Group Plc will be responsible for the entire procurement procedure including all stages of the procurement procedure and possible appeal and rectification procedures. All of these processes will be entirely conducted according to Finnish law according to applicable legislation. The Finnish Act on Procurement Contracts in the Utilities Sector (1398/2016) is applied to the procurement. For the avoidance of doubt, the procurement is made for all legal entities under VR Group, i.e. VR-Group Plc and all its group companies. VR-Group Plc and VR Snabbtåg Sverige AB have been mentioned specifically here due to procurement law reasons, but the procurement as such coverers all legal entities under VR Group as described also elsewhere in the procurement notice documents. A candidate must fulfil all suitability requirements set in the contract notice and its appendices in order to be qualified as a tenderer to the procurement procedure. Due to the need to manage the procurement process, the number of selected tenderers has been limited to five (5). Suitability requirements are presented in the ESPD form (European Single Procurement Document) attached to the contract notice. If more than five (5) requests to participate are received from candidates fulfilling the suitability requirements, the number of candidates will have to be reduced. In this case, VR will compare the references provided by the candidates and customer satisfaction to the extent that they exceed the minimum requirements set for the references and as described in section "Grounds for decision" in the invitation to participate and Appendix 2 "Reference form" and Appendix 3 "Customer Satisfaction Survey". If there are five (5) or fewer candidates fulfilling the suitability requirements, references and customer satisfaction survey will not be scored and compared.
Base juridique:
Directive 2014/25/UE
2.1.6.
Motifs d’exclusion
Situation analogue à la faillite prévue dans la législation nationale: The economic operator is in any analogous situation like bankruptcy arising from a similar procedure under national laws and regulations.
Faillite: The economic operator is bankrupt.
Corruption: The economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein has been the subject of a conviction by final judgment for corruption, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable.
Concordat: The economic operator is in arrangement with creditors.
Participation à une organisation criminelle: The economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein has been the subject of a conviction by final judgment for participation in a criminal organisation, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable.
Accords avec d’autres opérateurs économiques en vue de fausser la concurrence: The economic operator has entered into agreements with other economic operators aimed at distorting competition.
Manquement aux obligations dans le domaine du droit environnemental: The economic operator has breached its obligations in the field of environmental law.
Blanchiment de capitaux ou financement du terrorisme: The economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein has been the subject of a conviction by final judgment for money laundering or terrorist financing, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable.
Fraude: The economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein has been the subject of a conviction by final judgment for fraud, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable.
Travail des enfants et autres formes de traite des êtres humains: The economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein has been the subject of a conviction by final judgment for child labour and other forms of trafficking in human beings, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable.
Insolvabilité: The economic operator is the subject of insolvency or winding-up.
Manquement aux obligations dans le domaine du droit du travail: The economic operator has breached its obligations in the field of labour law.
Biens administrés par un liquidateur: The assets of the economic operator are being administered by a liquidator or by the court.
Motifs d’exclusion purement nationaux: Any person who is a member of the economic operator’s administrative, management or supervisory body or has powers of representation, decision or control therein has been the subject of a conviction by final judgment for work safety offence, working hours offence, work discrimination, extortionate work discrimination, violation of the right to organise or unauthorised use of foreign labour.
Conflit d’intérêt créé par sa participation à la procédure de passation de marché: The economic operator is aware of any conflict of interest, as indicated in national law, the relevant notice or the procurement documents due to its participation in the procurement procedure.
Association directe ou indirecte à la préparation de cette procédure de passation de marché: The economic operator or an undertaking related to it has advised the contracting authority or contracting entity or otherwise been involved in the preparation of the procurement procedure.
Coupable d’une faute professionnelle grave: The economic operator is guilty of grave professional misconduct.
Résiliation, dommages et intérêts ou autres sanctions comparables: The economic operator has experienced that a prior public contract, a prior contract with a contracting entity or a prior concession contract was terminated early, or that damages or other comparable sanctions were imposed in connection with that prior contract.
Manquement aux obligations dans le domaine du droit social: The economic operator has breached its obligations in the field of social law.
Paiement des cotisations de sécurité sociale: The economic operator has breached its obligations relating to the payment social security contributions, both in the country in which it is established and in Member State of the contracting authority or contracting entity if other than the country of establishment.
État de cessation d’activités: The business activities of the economic operator are suspended.
Paiement d’impôts et taxes: The economic operator has breached its obligations relating to the payment of taxes, both in the country in which it is established and in Member State of the contracting authority or contracting entity if other than the country of establishment.
Infractions terroristes ou infractions liées aux activités terroristes: The economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein has been the subject of a conviction by final judgment for terrorist offences or offences linked to terrorist activities, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable.
