Section II: Object
II.1)Scope of the procurement
II.1.1)Title:
HVAC, Electrical, Instrumentation and Control Handling Equipment and Gas and Liquid Networks: from Design to Commissioning through Supply and Installation for Tokamak Complex and
Surrounding Building
Reference number: F4E-OPE-301
II.1.2)Main CPV code
45331000 Heating, ventilation and air-conditioning installation work
II.1.3)Type of contract
Works
II.2)Description
II.2.1)Title:
HVAC, Electrical, Instrumentation and Control Handling Equipment and Gas and Liquid Networks: from Design to Commissioning through Supply and Installation for Tokamak Complex and
Surrounding Building
II.2.3)Place of performance
NUTS code: FRL04 Bouches-du-Rhône
Main site or place of performance:
ITER site in Cadarache, route de Vinon-sur-Verdon, 13115 Saint-Paul-lez-Durance, FRANCE.
II.2.4)Description of the procurement at the time of conclusion of the
contract:
The scope of the contract covers the design, supply, installation and commissioning of the mechanical and electrical equipment for several buildings on the ITER site in Cadarache.
II.2.7)Duration of the contract, framework agreement, dynamic purchasing system or
concession
Duration in months: 66
II.2.13)Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: yes
Identification of the project:
Section V: Award of contract/concession
Title:
HVAC, Electrical, Instrumentation and Control Handling Equipment and Gas and Liquid Networks: from Design to Commissioning through Supply and Installation for Tokamak Complex and
Surrounding Buildings
V.2)Award of contract/concession
V.2.1)Date of conclusion of the contract/concession award decision:
14/06/2013
V.2.2)Information about tenders
The contract/concession has been awarded to a group of economic operators: yes
V.2.3)Name and address of the contractor/concessionaire
Official name: Axima Concept SA (Omega Consortium Leader)
National registration number: FR 55854800745
Postal address: 1 Place des Degrés — Tour Voltaire
Town: Paris La Défense
NUTS code:
FR105 Hauts-de-Seine
Postal code: 92059
Country: France
E-mail:
herve.rigaud@equans.com
Telephone: +33 442170918
Internet address:
www.equans.fr
The contractor/concessionaire is an SME: no
V.2.3)Name and address of the contractor/concessionaire
Official name: Endel SAS
National registration number: FR 79 438 277 030
Postal address: 165 Boulevard de Valmy
Town: Colombes
NUTS code: FR105 Hauts-de-Seine
Postal code: 92700
Country: France
Internet address: http://www.endel-engie.fr/
The contractor/concessionaire is an SME: no
V.2.3)Name and address of the contractor/concessionaire
Official name: INEO Activité Nucleaire et Centrales SNC
National registration number: FR 16 409 899 077
Postal address: 30 rue de la Poudrette
Town: Villeurbanne Cedex
NUTS code: FRK26 Rhône
Postal code: 69627
Country: France
The contractor/concessionaire is an SME: no
V.2.3)Name and address of the contractor/concessionaire
Official name: M+W Germany GmbH
National registration number: DE 235 286 738
Postal address: Lotterbergstrasse 30
Town: Stuttgart
NUTS code: DE11 Stuttgart
Postal code: 70499
Country: Germany
The contractor/concessionaire is an SME: no
V.2.4)Information on value of the contract/lot/concession (at the time of conclusion
of the contract;excluding VAT)
Total value of the procurement: 580 517 665.83 EUR
Section VI: Complementary information
VI.3)Additional information:
VI.4)Procedures for review
VI.4.1)Review body
Official name: General Court
Postal address: Rue du Fort Niedergrünewald
Town: Luxembourg
Postal code: L-2925
Country: Luxembourg
E-mail:
GeneralCourt.Registry@curia.europa.eu
Telephone: +352 4303-1
Fax: +352 4303-2100
Internet address:
http://curia.europa.eu
VI.4.2)Body responsible for mediation procedures
Official name: General Court
Postal address: Rue du Fort Niedergrünewald
Town: Luxembourg
Postal code: L-2925
Country: Luxembourg
E-mail:
GeneralCourt.Registry@curia.europa.eu
Telephone: +352 4303-1
Fax: +352 4303-2100
Internet address:
http://curia.europa.eu
VI.4.4)Service from which information about the review procedure may be
obtained
Official name: General Court
Postal address: Rue du Fort Niedergrünewald
Town: Luxembourg
Postal code: L-2925
Country: Luxembourg
E-mail:
GeneralCourt.Registry@curia.europa.eu
Telephone: +352 4303-1
Fax: +352 4303-2100
Internet address:
http://curia.europa.eu
VI.5)Date of dispatch of this notice:
04/12/2023
Section VII: Modifications to the contract/concession
VII.1)Description of the procurement after the modifications
VII.1.1)Main CPV code
45331000 Heating, ventilation and air-conditioning installation work
VII.1.2)Additional CPV code(s)
VII.1.3)Place of performance
NUTS code: FRL04 Bouches-du-Rhône
Main site or place of performance:
ITER site in Cadarache, route de Vinon-sur-Verdon, 13115 Saint-Paul-lez-Durance, FRANCE.
VII.1.4)Description of the procurement:
Design related to the works in buildings 11, 14 and 74 (the so-called nuclear buildings) has been impacted through several contract configurations (from CC0 to CC4 final definition
design (FDD) as per final design review (FDR) approval on 29 September of 2017), with a result of additional quantities of equipment, plant and materials, and therefore financial
impact on the procurement and installation of these in the nuclear buildings. The total net maximum cost for F4E will be EUR 176 790 750,40.
VII.1.5)Duration of the contract, framework agreement, dynamic purchasing system or
concession
Duration in months: 126
VII.1.6)Information on value of the contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession: 767 217 340.76 EUR
VII.1.7)Name and address of the contractor/concessionaire
Official name: Axima Concept SA (Omega Consortium Leader)
National registration number: FR 55854800745
Postal address: 1 place des Degrés - Tour Voltaire
Town: Paris La Défense
NUTS code: FR105 Hauts-de-Seine
Postal code: 92059
Country: France
Internet address: www.equans.fr
The contractor/concessionaire is an SME: no
VII.1.7)Name and address of the contractor/concessionaire
Official name: Endel SAS
National registration number: FR 79 438 277 030
Postal address: 165 Boulevard de Valmy
Town: Colombes
NUTS code: FR105 Hauts-de-Seine
Postal code: 92700
Country: France
Internet address: http://www.endel-engie.fr
The contractor/concessionaire is an SME: no
VII.1.7)Name and address of the contractor/concessionaire
Official name: INEO Activité Nucleaire et Centrales SNC
National registration number: FR 16 409 899 077
Postal address: 30 rue de la Poudrette
Town: Villeurbanne Cedex
NUTS code: FRK26 Rhône
Postal code: 69626
Country: France
Internet address: www.equans.fr
The contractor/concessionaire is an SME: no
VII.1.7)Name and address of the contractor/concessionaire
Official name: M+W Germany GmbH
National registration number: DE 235 286 738
Postal address: Lotterbergstrasse 30
Town: Stuttgart
NUTS code: DE11 Stuttgart
Postal code: 70499
Country: Germany
Internet address: https://www.mwgroup.net/en
The contractor/concessionaire is an SME: no
VII.2)Information about modifications
VII.2.1)Description of the modifications
Nature and extent of the modifications (with indication of possible earlier changes to the contract):
Changes in the Contract configuration between CC0 (initial) and CC4 for nuclear buildings (that are exclusively dealt with under Amendment No 4) and CC3 for non-nuclear buildings
(that are exclusively dealt with under Amendment No 5) throughout the design phase of the Contract which have consequential impacts in the subsequent phases of the Contract which
these modifications intend to cover as to cost and schedule. Amendment No 4 also prepares the Contract for its partial novation to the ITER Organization by separating the items of
work that may be the subject of the partial novation without mentioning the novation itself (e.g. operation of procurement phase and installation phase of the Contract, adaptation
of the Contract to these modifications and creation of the so-called Tokamak Options).
VII.2.2)Reasons for modification
Need for modification brought about by circumstances which a diligent contracting authority/entity could not foresee (Art. 43(1)(c) of Directive 2014/23/EU, Art. 72(1)(c) of Directive
2014/24/EU, Art. 89(1)(c) of Directive 2014/25/EU)
Description of the circumstances which rendered the modification necessary and explanation of the unforeseen nature of these circumstances:
Both legal bases of additional works (Art. 89f.4.a) and unforeseen circumstances (Art. 89f.4.b) may apply to these modifications which are interrelated thus are assessed together;
however, legal basis art. 89f.4.b is chosen to be reported in the Official Journal due to the overriding unforeseeability circumstance that F4E acting diligently could not
reasonably foresee when the Contract was initially tendered. Such unforeseeability is related to the IO PCRs related to nuclear safety requirements that have led to changes in the
Contract configuration between CC0 (initial) and CC3 for non-nuclear buildings and CC4 for nuclear buildings throughout the design phase of the Contract which have consequential
impacts in the subsequent phases of the Contract which these modifications intend to cover. Impacts that arise from the above aspects were unforeseeable and not calculable for F4E
acting diligently when the initial Contract was tendered.
VII.2.3)Increase in price
Updated total contract value before the modifications (taking into account possible earlier contract modifications and price adaptions and, in the case of Directive 2014/23/EU,
average inflation in the Member State concerned)
Value excluding VAT: 590 426 590.36 EUR
Total contract value after the modifications
Value excluding VAT: 767 217 340.76 EUR