Services - 555536-2018

18/12/2018    S243

Denmark-Hillerød: Banking and investment services

2018/S 243-555536

Contract notice

Services

Legal Basis:
Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses
Official name: ATP
National registration number: 43405810
Postal address: Kongens Vænge 8
Town: Hillerød
NUTS code: DK DANMARK
Postal code: 3400
Country: Denmark
Contact person: Lykke Foldager Ove
E-mail: lyf@atp.dk

Internet address(es):

Main address: https://permalink.mercell.com/96687069.aspx

Address of the buyer profile: http://atp.dk/

I.2)Information about joint procurement
I.3)Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at: https://permalink.mercell.com/96687069.aspx
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be submitted electronically via: https://permalink.mercell.com/96687069.aspx
I.4)Type of the contracting authority
Body governed by public law
I.5)Main activity
General public services

Section II: Object

II.1)Scope of the procurement
II.1.1)Title:

Global Custody Agreement to ATP Dec. 2018

II.1.2)Main CPV code
66100000 Banking and investment services
II.1.3)Type of contract
Services
II.1.4)Short description:

Arbejdsmarkedets Tillægspension wishes to enter into a Global Custodian Agreement for a period of 4 to 6 years to replace the present agreement, which terminates 7.10.2019.

Tender is handled by Mercell Sourcing Services, use https://permalink.mercell.com/96687069.aspx

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)
66110000 Banking services
66150000 Financial markets administration services
66162000 Custody services
66172000 Financial transaction processing and clearing-house services
II.2.3)Place of performance
NUTS code: DK DANMARK
II.2.4)Description of the procurement:

Arbejdsmarkedets Tillægspension — which is a pension fund organized as an independent, self-governing institution governed by law — will be the contracting party. The contract will include services to Arbejdsmarkedets Tillægspension as well as its subsidiaries and schemes and entities administered or managed by Arbejdsmarkedets Tillægspension (collectively referred to as ATP in this notice).

The Global Custody Agreement will compromise the following main services:

Global custody/safekeeping services for securities and FX instruments. The global custody services will among other things include the following services:

A) Safekeeping of ATP's securities and daily reconciliations between the custodian banks registrations and sub-custodians/CSD's or ICSD's.

B) Trade processing of ATP's securities and FX instrument trades. Services such as pre-matching of ATP's trade instructions, SSI enrichment and settlement of transactions are required by ATP.

C) Cash management services such as daily management of ATP's settlement accounts in various currencies and payments to and from ATP's counterparties.

D) Additional custody services such as e.g. handling of proceeds, corporate actions and reclaim of withholding tax, etc.

E) Collateral Management services related to the daily administration of mainly ATP's OTC derivatives (bilateral and cleared). This is contained as an option in the Global Custody Agreement.

F) Credit Facility to ATP of the equivalent amount of DKK 1bn. This is contained as an option in the Global Custody Agreement.

G) A Third-party Margin Account Agreement between the custodian bank, ATP and one of ATP's counterparties. This is contained as an option in the Global Custody Agreement.

The custodian banks services are expected to be performed in a standard (high level of e.g. STP and IT security), which is expected to be delivered by the leading international providers of global custody services.

We expect the custodian bank to improve its services on an on-going basis throughout the term of the agreement with ATP to match changes in market standards, products and best practices for the Global Custody and Collateral Management industry and we expect the global custodian to be willing to set new standards and support ATP's goals.

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
Duration in months: 48
This contract is subject to renewal: yes
Description of renewals:

Contract renewal is possible up to 24 months with a minimum of 12 months per renewal.

II.2.9)Information about the limits on the number of candidates to be invited
Envisaged number of candidates: 6
Objective criteria for choosing the limited number of candidates:

Candidates must provide information about the most relevant references for comparable services within the last 3 years, cf. the description in the Contract Notice, points II.1.4) and II.2.4).

The limitation of candidates will be based on an evaluation of which candidates have documented the most relevant previous deliveries in comparison to the contract described in Section II.1.4) and Section II.2.4) above.

ATP will in the evaluation place particular emphasis on the extent to which candidates have experience in performing equivalent services as described in Section II 2.4) Global custody/safekeeping services point a to e.

The evaluation will be based on the list submitted by the candidates in the European Single Procurement Document (ESPD) according to Section III.1.3).

II.2.10)Information about variants
Variants will be accepted: no
II.2.11)Information about options
Options: yes
Description of options:

The following three options is included:

— collateral management services related to the daily administration of mainly ATP's OTC derivatives (bilateral and cleared),

— credit facility to ATP of the equivalent amount of 1 000 000 000 DKK,

— a third-party margin account agreement between the custodian bank, ATP and one of ATP's counterparties.

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 contract is not divided into lots on the grounds that a division of the contract would entail increased operational complexity and disproportionate costs due to subsequent operating costs. Regarding Section II.2.9): Please note, that each candidate may only submit one request for participation.

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
III.1.2)Economic and financial standing
List and brief description of selection criteria:

The candidate must apply the European Single Procurement Document (ESPD) in Mercell and provide the following information in the ESPD:

(A) The candidates rating for “long-term unsecured, unsubordinated debt obligation” for at least 2 of the following:

(i) S&P;

(ii) Moody's and/or

(iii) Fitch.

(B) The candidates:

(i) Tier 1 capital ratio;

(ii) Leverage ratio (Tier 1 Capital/Total exposure); and

(iii) Liquidity coverage ratio.

Upon request from ATP, the tenderer must submit the following documentation:

The latest published either annual report, half year- or quarterly interim reports.

If the tenderer relies on the economic and financial standing of another entity or entities (e.g. a parent or sister company or a sub-supplier), the documentation must equally be provided for each entity or entities.

Be advised that ATP at any time during the procurement procedure can request that the candidate/tenderer presents the abovementioned documentation if this is deemed necessary to secure that the procurement procedure is conducted correctly. In this situation, ATP will set an appropriate time limit for the submission of the documentation.

Please note that a candidate may rely on the economic and financial standing of other entities (e.g. a parent or sister company or a sub supplier), irrespective of the legal nature of the relations between the candidate and the entity or entities on which the candidate relies. In this case, the candidate shall provide an undertaking of support or other documentation, to prove that the candidate has access to the necessary economic and financial capacity and that the entity referred to has a legal obligation to the candidate, cf. § 144 (2) of the Public Procurement Act. A template of the undertaking of support is available at Mercell, attached to the instructions to tenderers. The candidate shall ensure that an ESPD from the entity or entities on which the candidate relies is submitted along with the candidates own ESPD in Mercell. The entity or entities' ESPD must equally provide the information listed above.

When groups of entities (e.g. consortiums), including temporary joint ventures, participate in the tender procedure together, the documentation must be provided for each of the participating entities.

Minimum level(s) of standards possibly required:

The candidate shall — for the latest published either annual reports, half year or quarterly interim reports — fulfill at least two of the following rating requirements for “long-term unsecured, unsubordinated debt obligation”: (A-i) BBB+ (S&P), (A-ii) Baa1 (Moody's) and (A-iii) BBB+ (Fitch).

The candidate shall — for the latest published either annual reports, half year or quarterly interim reports — also fulfill the following requirements:

(B-i) Tier 1 capital ratio >=12%

(B-ii) Leverage ratio (Tier 1 Capital/Total exposure) >=3.5 %

(B-iii) Liquidity coverage ratio >=100%

All 3 capital requirements shall be calculated in accordance with applicable Basel III definitions.

III.1.3)Technical and professional ability
List and brief description of selection criteria:

The candidate must apply the European Single Procurement Document (ESPD) in Mercell and provide the following information in the ESPD:

References: A list of the most important similar references, cf. Section II.1.4) and II.2.4), cf, Section II.2.9, carried out within the past three (3) years, prior to the deadline for the request to participate.

The references should preferably be listed in the ESPD the following way:

A) Name and industry of the recipients stated in the reference (preferably inserted in "Recipients" — for each of the references).

B) Information on the date of commencement of the reference (preferably inserted in "Start date" — for each of the references).

C) Information on the date of completion of the reference — if relevant (preferably inserted in "End date" — for each of the references).

D) Include a short description of the services delivered. The description should include a clear indication of which specific parts of the references that are similar to the services as described in Section II.1.4) and II.2.4) (preferably inserted in "Description"). "Amount" in the ESPD does not need to be completed.

Only the services (references) performed at the time of the deadline for the request to participate will be considered when assessing which candidate has documented the most relevant previous services. If the reference in question is ongoing, it is only the part of the services carried out within the past three (3) years prior to the time of the deadline for the request to participate which will be included in the assessment of the reference. Therefore, it is important that the candidate clearly states which part of an ongoing reference that has been carried out within the past three (3) years.

Candidates must provide a maximum of three (3) references (up to 5 000 characters without space per reference.).

If the list contains more than three (3) references, or if a reference contains more

Than 5 000 characters (without space), ATP will only consider the first three (3) references, respectively, the first 5 000 characters in each reference.

The candidate will not be required to present further documentation for the technical and professional capacity, cf. section II.2.9) and III.1.3). However, ATP reserves the right to contact the candidate and/or the recipients stated in the references in order to verify the information in the references, including the specified dates of the reference.

If a candidate relies on the technical and professional capacity of other entities (e.g. a parent or sister company or a sub supplier), the candidate shall provide an undertaking of support or other documentation, to prove that the candidate has access to the necessary technical and professional capacity and that the entity referred to has a legal obligation to the candidate, cf. § 144 (2) of the Public Procurement Act. A template of the undertaking of support is available at Mercell, attached to the Instructions to tenderers. The candidate shall ensure that an ESPD from the entity or entities on which the candidate relies is submitted along with the candidates own ESPD in Mercell.

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:

The candidate must be registered under the terms of the Danish Financial Business Act or equivalent law of European Economic Area (EEA) member state and be regulated by Finanstilsynet (the Danish Financial Services Authority) or a European Economic Member State equivalent body. The candidate must be able to fulfill Danish requirements for carrying on business as a firm which is authorized to or may be authorized to undertake safekeeping and administration of securities and other services on behalf of a third party, cf. Consolidation Act No. 1140 of 26.9.2017 as amended (Financial Business Act) or equivalent law of European Economic Area (EEA) member state using the passporting rules and single license concept.

III.2.2)Contract performance conditions:

Reference is made to the draft Global Custody Agreement and the introduction to the agreement made available at the site stated in Section I.3. The tenderer is allowed to make reservations with respect to the provisions in the agreement. Such reservations will form part of the evaluation. However, the following provisions in the agreement are mandatory requirements with respect to which the tenderer may not make reservations: Clause 9.3, Para. 1-3, including litra a)-c) and Para. 5 — 6, excluded Section ii) in Para. 6; Clause 10; Clause 15.1 and Clause 26. The draft Global Custody Agreement is available both in Danish and English. The Danish version of the agreement will be the legally binding version. The tender may be prepared in English, but the agreement must be in Danish. lf the agreement in the tender is not in Danish, ATP will be entitled to reject the tender in its entirety. Annexes to the agreement and other tender documents should be in English.

III.2.3)Information about staff responsible for the performance of the contract

Section IV: Procedure

IV.1)Description
IV.1.1)Type of procedure
Restricted procedure
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.1.6)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: 15/01/2019
Local time: 13:00
IV.2.3)Estimated date of dispatch of invitations to tender or to participate to selected candidates
IV.2.4)Languages in which tenders or requests to participate may be submitted:
Danish, English
IV.2.6)Minimum time frame during which the tenderer must maintain the tender
Duration in months: 6 (from the date stated for receipt of tender)
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
Electronic ordering will be used
Electronic invoicing will be accepted
Electronic payment will be used
VI.3)Additional information:

The use of the electronic procurement system (Mercell) is a precondition for participation in the procurement procedure, cf. Section I.3). If the same document in the request to participate is uploaded in more versions, it will only be the last uploaded version that will be considered. All communication with ATP must take place via Mercell, including questions and answers.

The candidate shall apply the ESPD available at Mercell as preliminary evidence for the grounds stipulated in § 148 (1), number 1-3 of the Public Procurement Act. It is a preliminary evidence for: 1) The candidate is not subject to the grounds of exclusion, cf. below; and

2) That the candidate fulfils the minimum requirements for suitability (if any) fixed in Section III.1.2) and III.1.3).

ATP shall exclude a candidate from participation in the procurement procedure, if the candidate is subject to one of the mandatory grounds for exclusion in §§ 135 and 136 of the Public Procurement Act. Furthermore, ATP will exclude a candidate from participation in the procurement procedure, if the candidate is subject to one of the facultative grounds for exclusion in § 137 (1) number 1, 2, 3, 4, 5, 6 or 7, unless the candidate has presented sufficient documentation that it is reliable in accordance to § 138 of the Public Procurement Act.

Prior to ATP's decision on award of the contract, the tenderer to whom ATP intends to award the contract shall present documentation for the information stated in the ESPD, cf. § 159 (2) of the Public Procurement Act. If the candidate relies on the capacity of other entities, cf. Section III.1.2) and III.1.3) the candidate shall provide undertakings of support or other documentation proving that the candidate has access to the necessary economic and financial standing and/or technical and professional capacity and that the entity referred to has a legal obligation to the candidate, cf. § 144 (2) of the Public Procurement Act. A template of the statement is available at Mercell, attached to the Instructions to tenderers. The candidate shall ensure that an ESPD from the entity or entities on which the candidate relies (if any) is submitted along with the candidates own ESPD in Mercell.

ATP demands that the candidate and each of the legal entities whose economic and financial capacities the tenderer relies on undertake joint and several liability for the performance of the contract.

ATP reserves the right to apply the procedure in § 159 (5) of the Public Procurement Act, if requests to participate does not meet the formal requirements of the tender documents.

VI.4)Procedures for review
VI.4.1)Review body
Official name: Klagenævnet for Udbud
Postal address: Nævnenes Hus, Toldboden 2
Town: Viborg
Postal code: 8800
Country: Denmark
E-mail: klfu@naevneneshus.dk
Telephone: +45 35291000
Fax: +45 33307799

Internet address: http://www.klfu.dk

VI.4.2)Body responsible for mediation procedures
VI.4.3)Review procedure
Precise information on deadline(s) for review procedures:

Pursuant to Section 3 of the Danish Consolidation Act No. 593 of 2.6.2016 on the Complaints Board for Public Procurement (available at www.retsinformation.dk), the following time-limits for filing a complaint apply:

Complaints regarding a candidate not being pre-qualified must be filed with The Complaints Board for Public Procurement within 20 calendar days starting the day after the Contracting Authority has sent notification to the candidates involved, cf. § 7(1) of the Act on the Complaints Board for Public Procurement, provided that the notification includes a short account of the relevant reasons for the decision.

Other complaints must in accordance with § 7(2) of the Act on the Complaints Board for Public Procurement be filed with The Complaints Board for Public Procurement within:

1) 45 calendar days after the Contracting Authority has published a contract award notice in the Official Journal of the European Union (with effect from the day following the publication date);

2) 30 calendar days starting the day after the Contracting Authority has informed the tenderers in question, that the Contracting Authority has entered into a contract based on a Framework Agreement through reopening of competition or a dynamic purchasing system, provided that the notification includes a short account of the relevant reasons for the decision;

3) 6 months starting the day after the Contracting Authority has sent notification to the candidates/tenderers involved that the Contracting Authority has entered into the Framework Agreement, provided that the notification included a short account of the relevant reasons for the decision;

4) 20 calendar days starting the day after the Contracting Authority has published a notice concerning his decision to uphold the contract, cf. the principle in § 185(2) of the Public Procurement Act (act No. 1564 of 15.12.2015 - available at www.retsinformation.dk).

The complainant must inform the Contracting Authority of the complaint in writing at the latest simultaneously with the lodge of the complaint to The Complaints Board for Public Procurement stating whether the complaint has been lodged in the standstill period, cf. § 6(4) of the Act on The Complaints Board for Public Procurement. If the complaint has not been lodged in the standstill period, the complainant must also state whether it is requested that the appeal is granted delaying effect, cf. § 12(1) of the said act.

The email of The Complaints Board for Public Procurement is stated in Section VI.4.1).

The Complaints Board for Public Procurement's own guidance note concerning complaints is available at the internet address stated in Section VI.4.1).

VI.4.4)Service from which information about the review procedure may be obtained
Official name: Konkurrence- og Forbrugerstyrelsen
Postal address: Carl Jacobsens Vej 35
Town: Valby
Postal code: 2500
Country: Denmark
E-mail: kfst@kfst.dk
Telephone: +45 41715000
Fax: +45 41715100

Internet address: http://www.kfst.dk

VI.5)Date of dispatch of this notice:
13/12/2018