Denmark-Copenhagen: Toll equipment
Section I: Contracting authority
Main address: https://sundogbaelt.dk/udbud/
Address of the buyer profile: https://eu.eu-supply.com/ctm/Company/CompanyInformation/Index/281426
Section II: Object
Acquisition, Implementation and Maintenance of ANPR Enforcement Systems
This tender procedure concerns the award of a Framework Agreement and contract for the acquisition, implementation and maintenance of ANPR Enforcement Systems. The Framework Agreement will concern the acquisition of ANPR enforcement Systems, education/training and documentation as well as certain services related to support and maintenance of the system.
Under item II.2.4) the requested solution is further described, and the tender documents include a description of the project in further detail.
The Supplier’s deliverables under the Framework Agreement are to be delivered as 3 main types of deliveries:
(i) “Deliverable A”,
(ii) “Deliverable B” and
(iii) the Maintenance Contract(s).
In the Instructions to tenderers section 1.3) the 3 main types of deliveries are further described.
Various places in DK.
Sund & Bælt will implement ANPR Enforcement Systems for different enforcement schemes, among others time-based road user charging for all foreign passenger cars and vans in Denmark, which is to be operational in 2020. Common for the schemes are enforcement using static (gantries/poles) with ANPR cameras together with classification equipment and mobile units (vehicles) with ANPR cameras. ANPR camera-data from the different control points is to be delivered by the ANPR Enforcement System platform to Sund & Bæt’s existing centralized back-end system, which will handle VPR compliance checks, manual reviews and integration to Sund & Bælt’s commercial back-office.
The objective is to do a tender for a Frame Agreement of four (4) years covering acquisition of technical solutions, implementation, commissioning and maintenance agreements for the various schemes, providing possibility for procurement of additional control points during the term of the Framework Agreement. Following schemes are foreseen:
Time-based Road User Charging schemem (RUC).
Automatic Number Plate Recognition (ANPR) systems including classification for highway free-flow operation supporting roadside vehicle identification, processing and delivery of vehicle passage records to the existing central back-end system.
Low Emission Zone scheme (LEZ).
Automatic Number Plate Recognition (ANPR) systems for low emission zone schemes in the urban area supporting roadside vehicle identification, processing and delivery of vehicle passage records to the existing central back-end system.
Mobile enforcement solutions to be used for mobile enforcement in both urban areas and on higher density roads like highways and main roads outside the city. The mobile enforcement solution is to be mounted on a vehicle roof and is capable of capturing data on surrounding and passing vehicles while moving or in a stationary position.
Road safety features incl. ANPR enforcement with focus on:
Section based speed-measuring system with the capability to measure the average speed over a specific road distance by identifying a vehicle on the section entrance and exit.
Weigh-in-motion system to control traffic loads allowing high-speed weight measurement of mainly heavy good vehicles and subsequent signalling to allow ultimately diversion from the highway.
The Framework Agreement will include support and maintenance contracts after the implementation, including on-site preventive and corrective maintenance of the roadside installations various places in Denmark.
Deliverable A consists of an ANPR Enforcement System to be used for the time-based road user charging for all foreign passenger cars and vans in Denmark.
When the Parties enter into the Framework Agreement the Parties also enter into the Maintenance Contract enclosed. The Maintenance Contract, inter alia, regulates the requirements to the Supplier’s maintenance of the system, and also refers to the service level agreement which applies for the Maintenance Contract under its entire duration of five (5) years (or until termination of said contract).
Deliverable B consists of ANPR Enforcement Systems and/or additional ANPR control points/units which S&B intend to purchase for additional demand for ANPR Enforcement Systems and for other schemes and/or the Deliverable A ANPR Enforcement System.
When the Parties enter into an agreement for such deliverables, the Parties also enter into a separate Maintenance Contracts — five (5) years.
The limitation of candidates invited to tender will take place after an evaluation of which candidates have documented the most relevant deliveries, see section III.1.3), of the deliveries covered by the Framework Agreement, see the description in sections II.1.4) and II.2.4).
The evaluation of the most relevant deliveries will be made on the basis of whether the references document experience with delivery of comparable, functionally and in terms of volume, supplies and services. Experience with time-based road user charging schemes (e-vignette schemes) will also be considered positive.
Please note that any ambiguities and/or incomprehensibilities in the information submitted under section III.1.3) may be regarded negatively in the evaluation when selecting the limited numbers of candidates.
The road safety feature; hot spot detection is a voluntary option.
Sund & Bælt Holding A/S has decided not to divide the contract into lots as this is expected to unduly increase the cost as well as the risk regarding the integration of the different deliveries (incl. software systems) under the contract.
Section III: Legal, economic, financial and technical information
The contracting authority is obliged to exclude an applicant/tenderer from participation in the tendering procedure if the tenderer is subject to the mandatory grounds for exclusion set out in ss.135 and 136 of the Procurement Act. The Client will not apply optional grounds for exclusion; see s.137 of the Procurement Act.
Information on exclusion grounds must be stated in the ESPD, Part III “exclusion grounds” in the following section:
— part III.A: “Grounds relating to criminal convictions”,
— part III.B: “Grounds relating to the payment of taxes or social security contributions”,
— part III.C: “Grounds relating to insolvency, conflicts of interests or professional misconduct”,
— the entry regarding a conflict of interest due to the tenderer's participation in the procurement procedure,
— the entry regarding the tenderer's provision of advice or other involvement in the preparation of the procurement procedure,
— the entry regarding the tenderer's serious misrepresentation, withholding of information or ability to submit supporting documentation.
Reference is furthermore made to the Danish Competition and Consumer Authority's guide to the European single procurement document regarding the correct completion of the form.
The Client reserves the right to initiate a “self-cleaning” procedure if relevant, see s.138 of the Procurement Act.
According to § 144 of the said Act, an applicant may rely on the economic, financial and/or technical capacity of other entities, regardless of the legal nature of the links with the entities.
An applicant who relies on the capacity of other entities shall ensure that the contracting authority receives the applicant’s own ESPD together with a separate ESPD with the relevant information for each of the entities that the applicant relies on. Finally when groups of entities, including temporary joint ventures, participate in the tender procedure together, each of the participating entities must complete a separate ESPD with the information required in Part II–IV.
Prior to a decision on the award of the contract, documentation for the information stated in the ESPD must be produced, cf. §§ 151–155 of the said Act. At any stage of the tender procedure, Sund & Bælt Holding A/S further reserves the right to request an applicant/tenderer to submit documentation, if this is required to ensure that the procedure is conducted correctly.
The candidate must submit the European Single Procurement Document (“ESPD”) with the following information:
1) The candidate’s annual turnover for the last 3 financial years available, in so far as information on such turnovers is available.
The information shall be stated in the European Single Procurement Document, Part IV.B “General yearly turnover”, cf. section VI.3 below.
2) Information on the company’s equity for the last 3 financial years available.
The information shall be stated in the European Single Procurement Document, Part IV.B “Financial ratio”.
If the candidate relies on the economic and financial capacity of other entities, the candidate and the entities in question will be jointly and severally liable for the performance of the contract, see s.144(6) of the Danish Public Procurement Act.
Where an economic operator wants to rely on the capacities of other entities, it shall as part of the application prove to the contracting authority that it will have at its disposal the resources necessary, for example by producing a commitment by those entities
To that effect. If the applicant relies on the economic and financial or technical capacity of other entities the other entity must provide a declaration of support. The declaration of support must prove that the entity in question is legally obliged to the applicant. A form which can be used in this respect is available as part of the tender materiel (Confirmation regarding the capacity of other entity (Form)).
The ESPD serves as provisional documentation that the candidate fulfils the minimum suitability requirements in respect of economic and financial capacity.
Before the decision to award the contract is made, the tenderer to whom the contracting entity intends to award the contract must submit documentation that the information stated in the ESPD is accurate.
Upon the contracting entity's request, the candidate must submit the following documentation of economic and financial capacity:
(equity): The operator's balance sheet or extracts thereof in the last 3 financial years available if publication of the balance sheet is required under law in the country in which the operator is established, or other documentation of the size of the equity. For groups of operators (e.g. a consortium), the information in the most recent financial report/financial year available must be submitted for each participating operator in the group. Where an operator relies on the economic and financial capacity of other entities (e.g. a parent company, a sister company or a subcontractor), information for such other entities must also be provided.
(turnover in the last 3 financial years available): A statement regarding the operator's overall turnover in the last 3 financial years available, depending on the date when the undertaking was set up or started trading, if the information on these turnovers is available. For groups of operators (e.g. a consortium), the information must be submitted for each participating operator in the group. Where an operator relies on the economic and financial capacity of other entities (e.g. a parent company, a sister company or a subcontractor), information for such other entities must also be provided.
(equity): In the event that the applicant’s equity in any of the last 3 years is below zero, the applicant will be excluded. The information is to be stated in section IV.B of the ESPD.
(turnover in the last 3 financial years available): As a minimum requirement, a total annual turnover of at least 30 000 000 DKK is required in each of the 3 last financial years available. If the candidate relies on the capacity of other entities, the turnover is to be calculated as the total turnover of the candidate and such other entities in each of the 3 last financial years available. For groups of operators (e.g. a consortium), the turnover is calculated as the total turnover of the operators in each of the 3 last financial years available. The information is to be stated in section IV.B of the ESPD.
The candidate must submit the ESPD with the following information:
A list of the most significant comparable deliveries, see sections II.1.4) and II.2.4), that the candidate has carried out in the last three (3) years before the expiry of the application deadline.
Only references relating to supplies and services carried out at the time of application will be given importance in the evaluation of which candidates have documented the most relevant deliveries, see section II.2.9) and in the evaluation of whether the minimum requirements regarding technical and professional capacity have been complied with, see below. Hence, in the event of an ongoing task, only the part of the deliveries already having been performed at the time of application will be included in the evaluation of the reference.
Each reference is requested to include a brief description of the delivery performed. The delivery description should include a clear description of the supplies and services set out in sections II.1.4) and II.2.4) to which the delivery related and the candidate's role(s) in the performance of the delivery. The reference is furthermore requested to include the financial value of the delivery (amount), date of delivery and name of the customer (recipient).
When indicating the date of the delivery, the candidate is requested to indicate the date when the delivery was commenced and finalised. If that is not possible, e.g. if the tasks were performed on an ongoing basis under a framework agreement, the candidate is asked to specify the circumstances of the date in the description.
If the candidate relies on the professional qualifications or professional experience of other entities for the performance of specific parts of the services comprised by the contract, see section II.2.4), such specific parts of the services under the contract must be performed by the entity on which the candidate relies.
If the applicant relies on the technical and professional ability of other entities the other entity must provide a declaration of support. The declaration of support must prove that the entity in question is legally obliged to the applicant. A form which can be used in this respect is available as part of the tender materiel (Confirmation regarding the capacity of other entity (Form)).
The ESPD og the referencelist serves as provisional documentation that the candidate fulfils the minimum suitability requirements in respect of technical and professional capacity, see section III.1.3) and the candidate's compliance with the selection criterion, see section II.2.9).
No additional documentation of technical and professional capacity will be required from the candidate. However, the contracting entity reserves the right to contact the candidate or the customer stated in the reference for confirmation of the information stated in the reference, including the dates of the reference indicated.
The candidate may support or substitute the text in the ESPD regarding the Technical and professional ability with a reference list.
The Candidate must with a minimum of one reference demonstrate experience with the delivery, of a fully integrated ANPR enforcement system, including classification, which includes roadside equipment together with configuration of an operational of relevant system platform combined with the delivery of services for the support and maintenance of the said system, including road installation capabilities.
Reference is made to the tender documents which can be found on the link, cf. section I.1.3).
The contract has to the relevant extent incorporated the corporate social responsibility considerations as laid down in the conventions on the basis of which the principles of the UN Global Compact are worded and as laid down in the OECD Guidelines for Multinational Enterprises. The contract furthermore lays down requirements pursuant to ILO Convention no. 94 on labour clauses in public contracts and Circular no. 9471 of 30.6.2014.
The maintenance contract includes social clauses on training and apprenticeship agreements.
The contract lays down requirements on compliance with the law on processing of personal data, including s.3(9) of the Danish Data Protection Act (databeskyttelsesloven).
Section IV: Procedure
The Framework agrrement will will have a duration of four years.
The maintenance contract(s) are not framework agreements. Each maintenance contract will have a duration of five years.
Section VI: Complementary information
Participation in the tendering procedure may only take place by electronic means via the electronic tendering system used by the contracting entity, see the address set out in section I.3). The tendering procedure is accessed under “Ongoing public procedures”. For access to the procurement documents, the candidate must be registered or register as a user.
If the application contains several versions of the same document, the latest uploaded version will apply.
All communication in connection with the tender procedure, including questions and answers, must take place through the electronic tendering system. Questions must be submitted not later than 22nd March. Questions asked after this date will be answered if they are received in time for the contracting authority to provide the information required and communicate the answers not later than six days before expiry of the application deadline. Questions received later than 6 days before expiry of the deadline cannot expect to be answered.
Interested operators are requested to keep updated via the electronic tendering system. If the candidate encounters problems with the system, please contact support by e-mail:
email@example.com, or telephone +45 70208014.
As regards section II.2.6), it should be noted that the amount is an estimate of the expected contract price for the entire duration of the contract, including the price of all options.
As regards section II.1.5) and section II.2.6), it should be noted that the amount is an estimate of the expected total maximum contract price.
A technical dialogue has been conducted prior to this call for tenders. Relevant material from this dialogue is accessible at the website of the contracting entity: https://sundogbaelt.dk/udbud/
It should be noted, that scope of the services and the supplies have changed since the dialog was held. The scope stated in the presentation is therefore not correct.
As regards section II.2.9) it should be noted that each candidate may only submit one application for prequalification.
The contracting entity may use the procedure of section 159(5) of the Danish Public Procurement Act in the event that applications or tenders do not comply with the formal requirements of the procurement documents.
Finalisation of the tender procedure
The contracting authority is not obliged to award the contract and reserves the right to cancel the tender procedure. Final decision to enter into the contract subject to a political approval.
Even though the contract has been awarded to another tenderer, the tenderer is bound by the tender until the contracting authority has concluded the contract, but no longer than the date specified for the tender to remain open for acceptance.
The notification of the tenderers of the award decision does not mean that the contract has been concluded. The contract is not deemed to have been concluded until the contract is signed.
The contracting authority does not consider the tender procedure completed until the contract has been signed.
Internet address: https://naevneneshus.dk/start-din-klage/klagenaevnet-for-udbud/
Pursuant to the Danish Act on the Complaints Board for Public Procurement, etc. (lov om Klagenævnet for Udbud m.v.) (the Act is available (in Danish) at www.retsinformation.dk), the following deadlines apply to the lodging of complaints:
Complaints for not having been selected must be submitted to the Danish Complaints Board for Public Procurement before the expiry of 20 calendar days, see section 7(1) of the Act, from the day after submission of notification to the candidates concerned of the identity of the successful tenderer where the notification is accompanied by an explanation of the grounds for the decision in accordance with section 2(1), para (1) of the Act and section 171(2) of the Danish Public Procurement Act.
In other situations, complaints of award procedures, see section 7(2) of the Act, must be lodged with the Danish Complaints Board for Public Procurement before the expiry of:
1) 45 calendar days after the contracting authority has published a notice in the Official Journal of the European Union that the contracting authority has entered into a contract. The deadline is calculated from the day after the day when the notice was published;
2) 30 calendar days calculated from the day after the day when the contracting authority has notified the candidates concerned that a contract based on a framework agreement with reopening of competition or a dynamic purchasing system has been entered into where the notification has included an explanation of the relevant grounds for the decision;
3) 6 months after the contracting authority entered into a framework agreement calculated from the day after the day when the contracting authority notified the candidates and tenderers concerned, see section 2(2) of the Act and section 171(4) of the Danish Public Procurement Act;
4) 20 calendar days calculated from the day after the contracting authority has submitted notification of its decision, see section 185(2) of the Danish Public Procurement Act.
Not later than at the time of lodging a complaint with the Danish Complaints Board for Public Procurement, the complainant must notify the contracting authority in writing that a complaint has been lodged with the Danish Complaints Board for Public Procurement and whether the appeal was lodged during the standstill period, see section 6(4) of the Act. In cases where the complaint was not lodged during the stand-still period, the complainant must furthermore indicate whether a suspensory effect of the complaint has been requested, see clause 12(1) of the Act.
The e-mail address of the Complaints Board for Public Procurement is set out in section VI.4.1).
The Complaints Board’s own complaints procedure is available at www. erhvervsstyrelsen.dk
Internet address: http://www.kfst.dk