Neugestaltung 1014 Fifth Avenue , New York/ Vereinigte Staaten

25/09/2020    S187
Germany-Freiburg im Breisgau: Architectural, engineering and planning services
2020/S 187-450835
Contract notice
Services
Legal Basis:Directive 2014/24/EU

Section I: Contracting authority


I.1) Name and addresses

Official name: Federal Republic of Germany, represented by the Federal Ministry of the Interior, for Building and Community, repr. by the Oberfinanzdirektion Karlsruhe — Bundesbau BW (Federal Construction Agency), repr. by Staatliches Hochbauamt Freiburg. For the Owner: Auswärtiges Amt (Federal Foreign Office) Postal address: Kartäuserstr. 61b
Town: Freiburg
NUTS code: DE131 Freiburg im Breisgau, Stadtkreis
Postal code: 79104
Country: Germany
E-mail: poststelle.hbafr@vbv.bwl.de
Telephone: +49 761-3195-260
Fax: +49 761-3195-380Internet address(es):
Main address: www.bundesbau-bw.de
I.2) Information about joint procurement
I.3) Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at: www.vergabe24.de/vergabeunterlagen/54321-Tender-16bbcdb5c4a-75738f1c398194f8
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be submitted electronically via: bestellungen.vergabe24.de
I.4) Type of the contracting authority
Ministry or any other national or federal authority, including their regional or local subdivisions
I.5) Main activity
Other activity: Building administration
Section II: Object
II.1) Scope of the procurement
II.1.1) Title:
1014 New York City, USA; Refurbishment of 1014 Fifth Avenue, NY 10028; General Planning Services
Reference number: 19-04346
II.1.2) Main CPV code
71240000 Architectural, engineering and planning services
II.1.3) Type of contract
Services
II.1.4) Short description:
1014 New York City, USA, refurbishment of 1014 Fifth Avenue, NY 10028, general planning services.
(1014 Inc. formerly German Academy – GANY)
The Federal Republic of Germany intends to redevelop the currently vacant federal property at 1014 Fifth Avenue, New York, in order to make it available for use by 1014 Inc.
The listed building was constructed in 1906 as a Beaux-Arts townhouse and part of a semi-detached house. In 1928, the adjacent semi-detached house at 1015 Fifth Avenue was demolished and the building at 1014 Fifth Avenue was redesigned.
For the intended new use of the building, a residency program, co-working and meeting areas as well as event and office spaces have to be created. The planned usable net floor area (NIA) of the building is approx. 7 976 sf (approx. 741m2), the gross floor area (GFA) approx. 21 452 sf (approx. 1 993 m2).
The maximum costs of the refurbishment are estimated at USD 19 800 000. The planned date of final completion of the project is 2025.
II.1.5) Estimated total value
II.1.6) Information about lots
This contract is divided into lots: no
II.2) Description
II.2.1) Title:
II.2.2) Additional CPV code(s)
II.2.3) Place of performance
NUTS code: DE131 Freiburg im Breisgau, Stadtkreis
Main site or place of performance:
1014 Fifth Avenue, New York City, NY 10028, USA.
II.2.4) Description of the procurement:
It is intended to award general planning services in accordance with the AIA B101 - 2017 contract (+ A201 - 2017 General Conditions).
AIA service phases (or equivalent): schematic design, design development, construction documents, bidding or negotiation, construction contract administration (basic services) as well as post-construction services and special or additional services as general planner services.
The general planning services includes the following services:
• architecture and interior architecture, optional: interior design;
• preparation of cost calculation and cost monitoring;
• structural design, Civil engineering;
• MEP planning;
• consulting and planning of fire protection and accessibility;
• code and zoning consulting;
• landmark preservation consulting.
If required, the general planning team will be supplemented by the following fields of expertise (not part of this tender procedure):
• consulting for harmful materials;
• consulting and planning of conveyor technology;
• acoustics planning;
• lighting design and kitchen planning.
Initial investigations and studies are provided as part of this procurement.
Only local standards are to be applied.
One focus will be on the coordination of planning and implementation together with the local authorities – in particular the Landmarks and Preservation Commission (LPC) and the Department of Building (DOB) and the neighboring owners or their representatives.
The tender procedure is divided in two steps. 1st step: application phase, 2nd step: bidding phase.
Due to the Covid-19 pandemic an on-site visit will not be offered during the 1st step. The on-site visit is replaced by the attached digital building presentation.
It is intended to offer an on-site visit during the 2nd step for the selected applicants, provided that travel and assembly restrictions due to the Covid-19 pandemic have been lifted and that there are no other restrictions in place. The costs for the on-site visit in the 2nd step are covered by the remuneration for the proposed architectural solution by a lump sum of USD 15 000. If an on-site visit is not possible during the 2nd step, the on-site visit will be replaced by a digital building presentation.
The contract award notice is published in the Official Journal of the EU in English. This publication shall prevail over the German translation.
The digital access to the award documents and the award platform is in German. The award documents themselves are available in English. The award documents (tender documents) contain a document with online access data to further project information.
This tender procedure is being carried out under contract No 19-04346. (Please specify in case of queries).
II.2.5) Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
II.2.6) Estimated value
II.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Start: 26/04/2021
End: 06/02/2025
This contract is subject to renewal: no
II.2.9) Information about the limits on the number of candidates to be invited
Envisaged minimum number: 3
Maximum number: 10
Objective criteria for choosing the limited number of candidates:
Personal suitability as well as economic, financial and technical performance capability and experience in relation to comparable construction projects.
Tendering and award procedure
A 2-step negotiated procedure with a call for competition is carried out in accordance with the VgV public procurement ordinance (VgV is an abbreviation for ‘Vergabeverordnung’ = German tendering regulations). By means of defined criteria (see Evaluation matrix for 1st step), applicants are selected from 1st step and invited to participate in 2nd step.
As part of the tender documents of the 2nd step, proposals for architectural solutions for the project in accordance with § 77 (2) VgV are to be developed.
After preliminary examination, the proposed architectural solutions are presented to a selection committee consisting of renowned representatives from the fields of architecture and planning as well as culture and politics. The proposed solutions will be remunerated at a lump sum.
The selection committee evaluates the proposed solutions on the basis of their functional and design quality as well as the consideration of neighborly interests.
In the follow-up negotiations, the bidders present themselves, their team, their proposed architectural solution and their remuneration offer as well as their strategies and methods to implement the project. The decision for awarding and contracting will be taken within the context of the negotiations. The awarding of the contract is not subject to the award decision by the selection committee. The proposed architectural solution is one of several award criteria.
II.2.10) Information about variants
Variants will be accepted: no
II.2.11) Information about options
Options: yes
Description of options:
The services are commissioned in stages.
There is no legal claim to the transfer of all services or service phases.
II.2.12) Information about electronic catalogues
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
II.2.14) Additional information
The currency for the conclusion of the contract is US dollars.
Estimated value: USD 3 000 000.


Section III: Legal, economic, financial and technical information

III.1) Conditions for participation
III.1.1) Suitability to pursue the professional activity, including requirements relating to enrolment on professional or trade registers
List and brief description of conditions:
1.1.0) Name of the applicant (general planner) and professional qualifications of the lead project manager. In the case of a group of applicants, a statement of who represents them (authorized representative).
1.1.1) Designation of the following planners/sub-planners, who actually provide the planning services:
• local architect/local architecture firm (may be identical with general planner);
• German-speaking contact person;
• interior architect/firm for interior Architecture; optional: interior designer/firm for interior design;
• landmark and preservation consultant;
• cost estimator;
• code and zoning consultant, expediter;
• geotechnical engineer;
• structural engineer/civil engineer;
• MEP engineer;
• consultant or engineer for fire protection;
• consultant or Engineer for accessibility (ADA);
• as well as other consultants and engineers that the general planner considers necessary for the implementation of the project.
1.1.2) Explanation of whether and in what way economic links with other companies exist.
1.1.3) Declaration that there are no reasons for exclusion according to §§ 123,124 Gesetz gegen Wettbewerbsbeschränkungen, GWB (German Act against Restraints of Competition)
Note: measures of the applicant for self-correcting according to § 125 GWB must be submitted as a separate declaration with the application.
1.1.4) Natural persons, who are entitled to use the professional title of architect under the law of their home country on the date of the contract award notice, are eligible to participate. By way of derogation from this provision, a natural person is also eligible to participate, provided that a person who is appointed as the responsible planner for the building construction planning can provide evidence of a professional qualification as an architect. Legal entities and bidding consortia are admitted as planners if they nominate a responsible professional or a planner responsible for construction planning with the required professional qualification as an architect for the execution of the task.
If the professional title in the respective home country is not regulated by law, the professional requirements are to be met by an architect who possesses a diploma, certificate or other evidence of a formal qualification, the recognition of which is guaranteed in accordance with Directive 2005/36/EC (EU Professional Qualifications Directive). Proof can be provided through the presentation of a membership certificate from the chamber of trade or by other means.
1.1.5) Eligibility for participation also requires proof of a ‘New York License’ issued by the New York State Education Department Office and registration with the ‘New York State Board of Architecture’. (In the case of bidding consortia, at least one planner or employee from a planning firm must provide this evidence). Please note the descriptions in 1.1.7 and submit the required documents.
1.1.6) Multiple applications as a subcontractor/sub-planner are generally possible. However, bidders and members of a bidding consortium may not simultaneously apply as general planners and subcontractor/sub-planner in separate applications.
Multiple applications or participation as a general planner will lead to exclusion. Specialist engineers, consultants and local architects or architecture firms may apply in more than one general planning team if they do not act as authorized representatives.
1.1.7) If subcontracts are awarded and the applicant invokes the capacities of the other enterprise with regard to the required economic, financial, technical and professional capacity pursuant to § 45 and § 46 VgV, he or she must prove that the necessary resources are actually available to him or her and that there are no reasons for exclusion with regard to this enterprise (for example, by means of a corresponding declaration of commitment by the subcontractor).
III.1.2) Economic and financial standing
List and brief description of selection criteria:
1.2.1) Declaration that the following insurance policies and amounts of cover exist and are presented prior to conclusion of the contract.
Commercial general liability insurance
USD 1 000 000 per claim
And USD 2 000 000 total coverage per year
Valuable papers insurance: at least USD 100 000
Automobile liability: at least USD 1 000 000 per claim
Umbrella liability insurance: at least USD 10 000 000
Workers compensation insurance
Coverage as required by law
Employers' liability insurance
Per accident at least USD 1 000 000
And each employee at least USD 1 000 000
Professional liability insurance (professional liability)
At least USD 1 000 000 per claim
And USD 5 000 000 in the annual aggregate.
III.1.3) Technical and professional ability
List and brief description of selection criteria:
The technical and professional capability for the contract to be awarded is assessed in particular on the basis of the following evidence (see Evaluation matrix 1st step):
1.3.1) Declaration by the general planner applicant on the average number of employed architects (including firm owners) and specialist engineers for relevant services over the last 3 years for him/herself or the architecture firm and engineering firm participating in the bidding consortium who actually provide the services and for the planning firms/sub-planners actually providing the services. (According to Application form).
1.3.2) Project references as list of the main services provided in the last 3 years by the general planner applicant or the architecture firm and engineering firm participating in the bidding consortium who actually provide the services and the following sub-planners/subcontractors, insofar as they provide parts of the general planner services with information whether the service was provided as a general planner or as part of a general planning team:
• local architecture firm, firm for interior architecture;
• structural/civil design;
• MEP planning;
• cost estimation.
In the case of bidding consortia, the information must be separated according to specialist areas.
(See form called Project references, Attachment 1)
1.3.3) Presentation of four substantially completed reference projects whose planning requirements are comparable to those of the planning services to be awarded. The reference projects (reference 1, 3 and 4) can be new buildings, renovations or extensions to existing buildings. A project can cover several reference criteria.
Reference 1: representative building with a usable net internal area of more than 7 976 sf (approx. 741 m2);
Reference 2: renovation of a historic building in New York City; ideally a historic building that meets the standards of the Landmarks and Preservation Commission;
Reference 3: buildings of comparable complexity in terms of construction: multifunctional building with comparable cultural (partial) use;
Reference 4: comparable building in terms of construction site facilities and technical complexity.
The details of the reference projects must indicate the scope of the AIA service phases provided (as listed below) and the applicant's experience in the respective service phases. If these details are missing, the reference project in question will be awarded 0 points:
Largely completed AIA service phases (or equivalent) from ‘Schematic Design’ (via ‘Design Development’/‘Construction Documents’/‘Bidding or Negotiation’) to ‘Construction Contract Administration’ to final completion and handing-over as well as post-construction services for the 4 reference projects.
And:
Essentially completed AIA service phases (or equivalent) from ‘Schematic Design’ (via ‘Design Development’/‘Construction Documents’/‘Bidding or Negotiation’) to ‘Construction Contract Administration’ up to final completion and handing-over as well as post-construction services as general planner (e.g. under an AIA B101 contract) for at least 2 of the 4 reference projects.
The reference projects shall be respectively presented on max. 3 pages, format ANSI B (11 x 17 inches) or DIN A3 (297 x 420 mm). (See form called Project data sheet, Attachment 2).
Please note:
In the case of joint ventures, it is sufficient for each member to submit the required references for the service concerning him/her. The division of work between the members shall be presented in a coherent manner.
All other information, declarations and evidence must be provided by all members of the consortium.
III.1.5) Information about reserved contracts
III.2) Conditions related to the contract
III.2.1) Information about a particular profession
Execution of the service is reserved to a particular profession
Reference to the relevant law, regulation or administrative provision:
Architects.
III.2.2) Contract performance conditions:
Consortia are admitted as jointly and severally liable
Consortium with an authorized representative.
III.2.3) Information about staff responsible for the performance of the contract
Obligation to indicate the names and professional qualifications of the staff assigned to performing the contract

Section IV: Procedure

IV.1) Description

IV.1.1) Type of procedure

Competitive procedure with negotiation
IV.1.3) Information about a framework agreement or a dynamic purchasing system
IV.1.4) Information about reduction of the number of solutions or tenders during negotiation or dialogue
IV.1.5) Information about negotiation
The contracting authority reserves the right to award the contract on the basis of the initial tenders without conducting negotiations
IV.1.6) Information about electronic auction
IV.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: yes
IV.2) Administrative information
IV.2.1) Previous publication concerning this procedure
IV.2.2) Time limit for receipt of tenders or requests to participate
Date: 30/10/2020
Local time: 23:59
IV.2.3) Estimated date of dispatch of invitations to tender or to participate to selected candidates
Date: 27/11/2020
IV.2.4) Languages in which tenders or requests to participate may be submitted:
English
IV.2.6) Minimum time frame during which the tenderer must maintain the tender
Tender must be valid until: 30/07/2021
IV.2.7) Conditions for opening of tenders

Section VI: Complementary information


VI.1) Information about recurrence

This is a recurrent procurement: no
VI.2) Information about electronic workflows

VI.3) Additional information
:
As a public client, the Federal Republic of Germany, has a special cultural and architectural responsibility, since its buildings are of widespread public interest and enjoy a large amount of attention from the general public.
In addition to functional adequacy and security, quality and architectural design, economic efficiency and sustainability during construction and operation are important construction policy objectives that should be reflected in the federal buildings.
The local NY building law as well as the local public law regulations shall apply.
The RBBau (Richtlinie für die Durchführung von Bauaufgaben des Bundes, English: guidelines for the planning and execution of German federal construction projects) is to be observed.
The contractual language is English.
The project language for communication with the client is English and German; for project management on site it is English.
Requests to participate must be submitted electronically via the award platform with the required information, declarations and evidence by the application deadline. Requests to participate by fax, e-mail or mail are not admissible.
The application form provided by the contracting authority in the application must be filled in and the required attachments: project references (Attachment 1) and Project data sheet (Attachment 2) must be separately compiled and attached to the application form and arranged thematically.
Only the required documents are to be submitted. Any additional or deviating documents will not be considered in the evaluation. The contracting authority reserves the right to request supporting documents for the declarations made.
Missing documents will not be requested subsequently and will result in exclusion from the proceedings.
No application documents will be returned by the contracting authority.
Data exchange:
Preparation of plans, data generation, arrangement and exchange of plans and data must be carried out according to uniform specifications from the customer.
The bidder declares that the preparation of plans and other documents as well as the generation, arrangement, exchange and storage of this information is guaranteed. Likewise, the contracting authority will provide an internet-based project platform for data exchange and communication between the project participants free of charge.
The bidder declares that all project-related documents and messages shall be placed on this internet-based project platform by him/her and that data sent to him/her via the internet-based project platform will be downloaded.
VI.4) Procedures for review
VI.4.1) Review body
Official name: Vergabekammer des Bundes beim Bundeskartellamt
Postal address: Villemomblerstraße 76
Town: Bonn
Postal code: 53123
Country: Germany
E-mail: info@bundeskartellamt.bund.de
Telephone: +49 228 / 9499-0
Fax: +49 228/9499-400Internet address: www.bundeskartellamt.de
VI.4.2) Body responsible for mediation procedures
VI.4.3) Review procedure
Precise information on deadline(s) for review procedures:
An application for the initiation of review proceedings is inadmissible pursuant to § 160 (3) Gesetz gegen Wettbewerbsbeschränkungen, GWB (German Act against Restraints of Competition), if:
1) the applicant has been aware of the alleged infringement of award rules prior to the submission of the application for review and has not complained to the contracting entity within a period of 10 calendar days; the expiry of the period under § 134 (2) GWB shall remain unaffected;
2) infringements of procurement regulations that are identifiable on the basis of the notice are not reported to the contracting authority at the latest by the expiry of the deadline for application or submission of tenders specified in the notice;
3) infringements of procurement regulations which are only recognizable in the contract documents are not reported to the contracting authority at the latest by the expiry of the deadline for application or submission of tenders;
4) more than 15 calendar days have elapsed since receipt of the client's notification that he does not wish to remedy a complaint.
The first sentence shall not apply to an application for a declaration of invalidity of the agreement under § 135 (1) sentence 2. § 134 (1) sentence 2 remains unaffected.
VI.4.4) Service from which information about the review procedure may be obtained
Official name: Staatliches Hochbauamt Freiburg
Postal address: Kartäuserstraße 61b
Town: Freiburg
Postal code: 79104
Country: Germany
E-mail: poststelle.hbafr@vbv.bwl.de
Telephone: +49 761-3195-260
Fax: +49 761-3195-380Internet address: www.bundesbau-bw.de

VI.5) Date of dispatch of this notice:

21/09/2020