1. Buyer
1.1.
Buyer
Official name: A/S Øresund
Legal type of the buyer: Body governed by public law
Activity of the contracting authority: Housing and community amenities
Activity of the contracting entity: Railway services
2. Procedure
2.1.
Procedure
Title: Tender for a Construction Agreement regarding Passing Tracks Kalvebod (Sub-project 2) Track and Catenary
Description: On 4 April 2024, the Danish Parliament adopted the Act on the Upgrade of the Øresund Rail-way, which provides that two passing tracks shall be constructed at Kalvebod. A/S Øresund has been tasked by the Ministry of Transport to carry out the project 'Passing Track Kalvebod’. Several preliminary studies have been conducted to date, and material relating thereto is available at: https://sundogbaelt.dk/forbindelser/overhalingsspor/. The project thus comprises the establishment of two new tracks parallel to the two existing tracks. The project also includes a reconstruction of the Hammelstrupvej Bridge to accommodate four tracks instead of the current two tracks, and the replacement of two footbridges over the railway. The two new tracks shall have new catenary systems installed consisting of cantilever masts covering both tracks. The current neutral section shall also be relocated and pumping station 2 shall undergo certain modifications to make room for the new tracks. Sheet piling shall be installed along the entire stretch to retain the embankment and provide space for the two new tracks. The Passing Tracks Kalvebod project is being implemented in two sub-projects: Sub-project 1 “Structures and Civil Works” (“SP1”) and Sub-project 2 ”Track and Catenary” (“SP2”). SP1 comprises earthworks, drainage, structures and high-voltage installations (civil and construction works). SP2 comprises track and catenary (railway infrastructure). The execution of SP1 has been tendered as a separate design and build contract. The Contracting Entity has entered into a contract with the design and build contractor, and the works under that con-tract are ongoing. This tender concerns the contract regarding SP2, which comprises track and catenary (rail-way infrastructure). The activities in SP2 build upon the works carried out by the contractor for SP1. The project's safety objective is to maintain the existing safety level. A/S Øresund is the project owner and entity in charge of maintenance, whilst Banedanmark is the infrastructure manager. The tender procedure will be conducted as the competitive procedure with negotiation pursuant to Directive 2014/25/EU (the Utilities Directive).
Procedure identifier: 8463b422-c92e-49dc-9c48-5eb9357d470b
Internal identifier: -
Type of procedure: Negotiated with prior publication of a call for competition / competitive with negotiation
The procedure is accelerated: no
Main features of the procedure: The tender procedure will be conducted as the competitive procedure with negotiation pursuant to Directive 2014/25/EU (the Utilities Directive). The tender procedure is sequential and starts with the submission of the first Indicative Offer (INDO1). On the basis of the INDO1, the Contracting Entity will conduct negotiations with the tenderers in accordance with the guidelines set out below, cf. Section 8 in The Tender Specifications. During the negotiations, the Contracting Entity may ask the tenderers to submit additional Indicative Offers (INDO2, INDO3, and so on). After the negotiations, the contracting entity may choose to issue revised tender documents for further initial or final tenders. The tenderers will be informed thereof at the same time with an invitation to submit an initial or final tender. Following the conclusion of the negotiations, tenderers are expected to submit the Best and Final Offer (BAFO). The BAFOs will then be evaluated by the Contracting Entity using the award criteria set out in section 12 in The Tender Specification. The Contract is then awarded to the most economically advantageous tender. Please note, however, that certain aspects of the procedure, such as the number of INDOs, remain subject to change (as further described in the following sections). Successive stages are not used in order to limit the number of tenders to be negotiated. Please note, the Contracting Entity has marked the field "Successive reduction" due to a technical error. The Contracting Entity will not shortlist during the tender procedure, thus the Contracting Entity will only perform a selection in relation to the prequalification in case more than 3 (three) compliant request to participation is received The Contracting Entity may award the Contract on the basis of an initial tender (INDO1s, INDO2s, INDO3s etc.) and, hence, the tenderers cannot expect negotiation meetings to be con-ducted, see section 8 in The Tender Specification. The tenderers must therefore ensure that the initial tenders are complete and that prices are set on the basis of the tender documents that form the basis of the tender submission. Matters listed in the tenderer's comments to the tender documents (Appendix A) are not considered to be part of the initial tender (but a proposal for negotiations) and the list is therefore not considered a reservation either. The Contracting Entity will not pay a participation fee to the tenderers. For further information on the process of the negotiations, reference is made to the Tender Specifications.
2.1.1.
Purpose
Main nature of the contract: Works
Main classification (cpv): 45234100 Railway construction works
Additional classification (cpv): 34941000 Rails and accessories, 45000000 Construction work, 45200000 Works for complete or part construction and civil engineering work, 45234160 Catenary's construction works, 71311230 Railway engineering services
2.1.2.
Place of performance
Country subdivision (NUTS): Byen København (DK011)
Country: Denmark
2.1.4.
General information
Additional information: Participation in the tender procedure may only take place by electronic means via the electronic tendering system used by the Contracting Entity. 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. Reference is made to the Tender Specifications for information concerning questions and answers. 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, dksupport@eu-supply.com, or telephone (+45) 70 20 80 14. As its application, the candidate must submit an ESPD as preliminary documentation of the circumstances set out in section 148(1), paras (1)-(3) of the Danish Public Procurement Act (udbudsloven), and section 137(1) para (1) of the Danish Public Procurement Act. It is not necessary for the candidate to sign the ESPD document. For groups of operators (e.g. a consortium), a separate ESPD must be submitted for each participating operator. Where the candidate is a group of operators, the ESPD document of each participant in the group must be signed by the participant in question. The candidate heading the group and submitting the application is not required to sign its ESPD document. If the candidate relies on the capacities of other entities, an ESPD must be submitted for and signed by each of the entities on which it relies. The candidate will be excluded from participation in the application procedure if the candidate is subject to the compulsory grounds for exclusion set out in sections 135, 136 and the voluntary grounds for exclusion set out in section 137(1) paragraph (2) of the Danish Public Procurement Act, unless the candidate has submitted sufficient documentation of its reliability in accordance with section 138 of the Danish Public Procurement Act. The candidate shall submit a letter of commitment in which the entity/entities on which the candidate relies has/have undertaken joint and several liability with the candidate if the candidate is awarded the contract. The form is enclosed as an attachment to the Tender Specification (Appendix D). Before the award decision is made, the tenderer to whom the Contracting Entity intends to award the contract must provide documentation of the information submitted in the ESPD pursuant to sections 151-152, cf. section 153 of the Danish Public Procurement Act. As an alternative to the documentation mentioned in sections 153-155, 157 and 158 of the Danish Public Procurement Act, the applicant and tenderer may submit to the Contracting Entity a certificate of registration in an official list of approved economic operators, see section 156 of the Danish Public Procurement Act, issued by the competent authority. The Contracting Entity only accepts certificates of registration in an official list from candidates and tenderers established in the country holding the official list. It should be noted that each candidate may only submit one application for prequalification. Pursuant to the Danish Investment Screening Act (https://www.retsinformation.dk/eli/lta/2023/1256) economic operators i) that are domiciled outside the EU or EFTA, or ii) are controlled by or subject to significant influence as defined in the Act from an entity domiciled in or a national of a country outside the EU or EFTA must apply to the Danish Business Authority for an authorisation to enter into a “special financial agreement” within a particularly sensitive sector or activity. The Contracting Entity has assessed that the conclusion of the contract may be subject to the authorisation requirement. The supplier should clarify whether the supplier's conclusion of the Contract will be subject to such requirement. Further details are available at https://businessindenmark.virk.dk/guidance/erst-activities-covered-by-the-investment-screening-act/Special-financial-agreements/. Attention is drawn to Article 5k in Regulation (EU) No 833/2014 as later amended which ap-plies for the application procedure. The provision contains a prohibition against award of con-tracts to Russian companies and Russian controlled companies etc. (reference is made to Article 5k, section 1, for the exact delimitation of the actors covered by the prohibition). The Contracting Entity may at any time during the application process require that the economic suppliers prove that they are not covered by the prohibition, for example by requiring a declaration to this effect and/or documentation regarding the economic suppliers’ and any subcon-tractors’ place of establishment and ownership. The Contracting Entity will host a combined information meeting and site visit, see the date in the Tender Specifications, section 5. The initial information meeting will be held from 09:00-10:00 at an address in Copenhagen, expectedly close to the site area. The address will be communicated to the tenderers prior to the information meeting. Afterwards, a site visit will be held from 10:00-12:00. Among other things, the following will be shown: - New pedestrian bridges at Thomas Koppels Alle. - New pedestrian bridge at HF Frederikshøj. - Road bridge Hammelstrupvej Bridge. - Slopes, ditches and earth embankments. - Work sites and access conditions. For practical reasons, the tenderer is asked to inform whether the tenderer will participate in the meeting. The information must be submitted via the electronic tendering system not later than 3 days before the meeting and must state the number of representatives participating. The Contracting Entity reserves the right to reduce the number of representatives per tenderer participating in the meeting and site visit. The Contracting Entity will provide more gen-eral information about the project, the structure of the tender documents and the expected proceedings of the negotiations. When submitting tender, however, the tenderer must base its tender on the written information stated in the tender documents. The Contracting Entity may conduct further information meetings than indicated above, which will be communicated to the tenderer via the electronic tendering system. During the site visit, the tenderers may ask questions directly related to the site visit and of no material significance to the tender procedure. Any other questions must be put in writing. The Contracting Entity will draw up brief minutes of the information meeting and site visit which will be announced to all tenderers via the electronic tendering system. The contract period (duration) is stated from signing of Contract and until Handover without 5 years inspection, cf. Appendix 1, para 57. The Contracting Entity may use the procedure of article 76(4) in the Utilities Directive the event that applications or tenders do not comply with the formal requirements of the tender documents. Please note, the Contracting Entity has marked the field "Successive reduction" due to a technical error. The Contracting Entity will not short-list during the tender procedure, thus the Contracting Entity will only perform a selection in relation to the prequalification in case more than 3 (three) compliant request to participation is received. Checklist for submission of application: 1) Filled in ESPD (a. Filled in ESPD regarding other entities, b. For other entities the ESPD must be signed). 2) Declaration of support – Confirmation regarding the capacity of other entities (Appendix D). 3) Consortium Declaration (Appendix E). 4) Notification of Processing of Personal Data (Appendix C).
Legal basis:
Directive 2014/25/EU
Implementation of the Utilities Directive - The Utilities Directive (Directive 2014/25/EU) is implemented in Danish law by Ministerial Order on procurement by entities operating in the water, energy, transport and postal services sectors (Ministerial Order No. 1078 of 29 June 2022), which also contains supplementary provisions.
2.1.6.
Grounds for exclusion
Sources of grounds for exclusion: Notice
Corruption: see section 135(1), para (2) of the Danish Public Procurement Act.
Fraud: see section 135(1), para (3) of the Danish Public Procurement Act.
Money laundering or terrorist financing: see section 135(1), para (5) of the Danish Public Procurement Act.
Participation in a criminal organisation: see section 135(1), para (1) of the Danish Public Procurement Act.
Terrorist offences or offences linked to terrorist activities: see section 135(1), para (4) of the Danish Public Procurement Act.
Child labour and including other forms of trafficking in human beings: see section 135(1), para (6) of the Danish Public Procurement Act.
Grave professional misconduct: see section 136, para (4) of the Danish Public Procurement Act.
Misrepresentation, withheld information, unable to provide required documents or obtained confidential information of this procedure: see section 136, para (3) of the Danish Public Procurement Act.
Conflict of interest due to its participation in the procurement procedure: see section 136, para (1) of the Danish Public Procurement Act.
Direct or indirect involvement in the preparation of this procurement procedure: see section 136, para (2) of the Danish Public Procurement Act.
Breaching obligation relating to payment of social security contributions: see section 135(3) of the Danish Public Procurement Act.
Breaching obligation relating to payment of taxes: see section 135(3) of the Danish Public Procurement Act.
Business activities are suspended: see section 137(1), para (2) of the Danish Public Procurement Act.
Bankruptcy: see section 137(1), para (2) of the Danish Public Procurement Act.
Arrangement with creditors: see section 137(1), para (2) of the Danish Public Procurement Act.
Insolvency: see section 137(1), para (2) of the Danish Public Procurement Act.
Assets being administered by liquidator: see section 137(1), para (2) of the Danish Public Procurement Act.
Analogous situation like bankruptcy, insolvency or arrangement with creditors under national law: see section 137(1), para (2) of the Danish Public Procurement Act.
5. Lot
5.1.
Lot: LOT-0000
Title: Tender for a Construction Agreement regarding Passing Tracks Kalvebod (Sub-project 2) Track and Catenary
Description: On 4 April 2024, the Danish Parliament adopted the Act on the Upgrade of the Øresund Rail-way, which provides that two passing tracks shall be constructed at Kalvebod. A/S Øresund has been tasked by the Ministry of Transport to carry out the project 'Passing Track Kalvebod’. Several preliminary studies have been conducted to date, and material relating thereto is available at: https://sundogbaelt.dk/forbindelser/overhalingsspor/. The project thus comprises the establishment of two new tracks parallel to the two existing tracks. The project also includes a reconstruction of the Hammelstrupvej Bridge to accommodate four tracks instead of the current two tracks, and the replacement of two footbridges over the railway. The two new tracks shall have new catenary systems installed consisting of cantilever masts covering both tracks. The current neutral section shall also be relocated and pumping station 2 shall undergo certain modifications to make room for the new tracks. Sheet piling shall be installed along the entire stretch to retain the embankment and provide space for the two new tracks. The Passing Tracks Kalvebod project is being implemented in two sub-projects: Sub-project 1 “Structures and Civil Works” (“SP1”) and Sub-project 2 ”Track and Catenary” (“SP2”). SP1 comprises earthworks, drainage, structures and high-voltage installations (civil and construction works). SP2 comprises track and catenary (railway infrastructure). The execution of SP1 has been tendered as a separate design and build contract. The Contracting Entity has entered into a contract with the design and build contractor, and the works under that con-tract are ongoing. This tender concerns the contract regarding SP2, which comprises track and catenary (rail-way infrastructure). The activities in SP2 build upon the works carried out by the contractor for SP1. The project's safety objective is to maintain the existing safety level. A/S Øresund is the project owner and entity in charge of maintenance, whilst Banedanmark is the infrastructure manager. The tender procedure will be conducted as the competitive procedure with negotiation pursuant to Directive 2014/25/EU (the Utilities Directive).
Internal identifier: -
5.1.1.
Purpose
Main nature of the contract: Works
Main classification (cpv): 45234100 Railway construction works
Additional classification (cpv): 34941000 Rails and accessories, 45000000 Construction work, 45200000 Works for complete or part construction and civil engineering work, 45234160 Catenary's construction works, 71311230 Railway engineering services
5.1.2.
Place of performance
Country subdivision (NUTS): Byen København (DK011)
Country: Denmark
5.1.3.
Estimated duration
Duration: 58 Months
5.1.4.
Renewal
Maximum renewals: 0
5.1.6.
General information
Reserved participation:
Participation is not reserved.
Procurement Project fully or partially financed with EU Funds.
Information about European Union funds:
EU funds programme: Connecting Europe Facility (CEF) (2021/2027)
Identifier of EU funds: Project 101158247 — 23-DK-TM-KALVEBOD-WORKS
The procurement is covered by the Government Procurement Agreement (GPA): yes
Additional information: Participation in the tender procedure may only take place by electronic means via the electronic tendering system used by the Contracting Entity. 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. Reference is made to the Tender Specifications for information concerning questions and answers. 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, dksupport@eu-supply.com, or telephone (+45) 70 20 80 14. As its application, the candidate must submit an ESPD as preliminary documentation of the circumstances set out in section 148(1), paras (1)-(3) of the Danish Public Procurement Act (udbudsloven), and section 137(1) para (1) of the Danish Public Procurement Act. It is not necessary for the candidate to sign the ESPD document. For groups of operators (e.g. a consortium), a separate ESPD must be submitted for each participating operator. Where the candidate is a group of operators, the ESPD document of each participant in the group must be signed by the participant in question. The candidate heading the group and submitting the application is not required to sign its ESPD document. If the candidate relies on the capacities of other entities, an ESPD must be submitted for and signed by each of the entities on which it relies. The candidate will be excluded from participation in the application procedure if the candidate is subject to the compulsory grounds for exclusion set out in sections 135, 136 and the voluntary grounds for exclusion set out in section 137(1) paragraph (2) of the Danish Public Procurement Act, unless the candidate has submitted sufficient documentation of its reliability in accordance with section 138 of the Danish Public Procurement Act. The candidate shall submit a letter of commitment in which the entity/entities on which the candidate relies has/have undertaken joint and several liability with the candidate if the candidate is awarded the contract. The form is enclosed as an attachment to the Tender Specification (Appendix D). Before the award decision is made, the tenderer to whom the Contracting Entity intends to award the contract must provide documentation of the information submitted in the ESPD pursuant to sections 151-152, cf. section 153 of the Danish Public Procurement Act. As an alternative to the documentation mentioned in sections 153-155, 157 and 158 of the Danish Public Procurement Act, the applicant and tenderer may submit to the Contracting Entity a certificate of registration in an official list of approved economic operators, see section 156 of the Danish Public Procurement Act, issued by the competent authority. The Contracting Entity only accepts certificates of registration in an official list from candidates and tenderers established in the country holding the official list. It should be noted that each candidate may only submit one application for prequalification. Pursuant to the Danish Investment Screening Act (https://www.retsinformation.dk/eli/lta/2023/1256) economic operators i) that are domiciled outside the EU or EFTA, or ii) are controlled by or subject to significant influence as defined in the Act from an entity domiciled in or a national of a country outside the EU or EFTA must apply to the Danish Business Authority for an authorisation to enter into a “special financial agreement” within a particularly sensitive sector or activity. The Contracting Entity has assessed that the conclusion of the contract may be subject to the authorisation requirement. The supplier should clarify whether the supplier's conclusion of the Contract will be subject to such requirement. Further details are available at https://businessindenmark.virk.dk/guidance/erst-activities-covered-by-the-investment-screening-act/Special-financial-agreements/. Attention is drawn to Article 5k in Regulation (EU) No 833/2014 as later amended which ap-plies for the application procedure. The provision contains a prohibition against award of con-tracts to Russian companies and Russian controlled companies etc. (reference is made to Article 5k, section 1, for the exact delimitation of the actors covered by the prohibition). The Contracting Entity may at any time during the application process require that the economic suppliers prove that they are not covered by the prohibition, for example by requiring a declaration to this effect and/or documentation regarding the economic suppliers’ and any subcon-tractors’ place of establishment and ownership. The Contracting Entity will host a combined information meeting and site visit, see the date in the Tender Specifications, section 5. The initial information meeting will be held from 09:00-10:00 at an address in Copenhagen, expectedly close to the site area. The address will be communicated to the tenderers prior to the information meeting. Afterwards, a site visit will be held from 10:00-12:00. Among other things, the following will be shown: - New pedestrian bridges at Thomas Koppels Alle. - New pedestrian bridge at HF Frederikshøj. - Road bridge Hammelstrupvej Bridge. - Slopes, ditches and earth embankments. - Work sites and access conditions. For practical reasons, the tenderer is asked to inform whether the tenderer will participate in the meeting. The information must be submitted via the electronic tendering system not later than 3 days before the meeting and must state the number of representatives participating. The Contracting Entity reserves the right to reduce the number of representatives per tenderer participating in the meeting and site visit. The Contracting Entity will provide more gen-eral information about the project, the structure of the tender documents and the expected proceedings of the negotiations. When submitting tender, however, the tenderer must base its tender on the written information stated in the tender documents. The Contracting Entity may conduct further information meetings than indicated above, which will be communicated to the tenderer via the electronic tendering system. During the site visit, the tenderers may ask questions directly related to the site visit and of no material significance to the tender procedure. Any other questions must be put in writing. The Contracting Entity will draw up brief minutes of the information meeting and site visit which will be announced to all tenderers via the electronic tendering system. The contract period (duration) is stated from signing of Contract and until Handover without 5 years inspection, cf. Appendix 1, para 57. The Contracting Entity may use the procedure of article 76(4) in the Utilities Directive the event that applications or tenders do not comply with the formal requirements of the tender documents. Please note, the Contracting Entity has marked the field "Successive reduction" due to a technical error. The Contracting Entity will not short-list during the tender procedure, thus the Contracting Entity will only perform a selection in relation to the prequalification in case more than 3 (three) compliant request to participation is received. Checklist for submission of application: 1) Filled in ESPD (a. Filled in ESPD regarding other entities, b. For other entities the ESPD must be signed). 2) Declaration of support – Confirmation regarding the capacity of other entities (Appendix D). 3) Consortium Declaration (Appendix E). 4) Notification of Processing of Personal Data (Appendix C).
5.1.9.
Selection criteria
Sources of selection criteria: Notice
Criterion: General yearly turnover
Description of selection criterion: Total annual turnover *** The candidate must submit the European Single Procurement Document ("ESPD") with the candidate's total annual turnover in the three latest financial year(s) available. As a minimum requirement, a total annual turnover of at least DKK 200 million is required in each of the three latest annual report(s)/financial statement(s) available. If the candidate relies on the capacities of other entities, the turnover is to be calculated as the total turnover of the candidate and such other entities in each of the three latest annual report(s)/financial statement(s) available. For groups of operators (e.g., a consortium), the turnover is calculated as the total turnover of the operators in each of the three latest annual report(s)/financial statement(s) available. The information is to be stated in section IV.B of the ESPD. In this procedure, the candidate may rely on the economic and financial capacity of other operators to fulfil the suitability requirements. The operator(s) making its/their economic and financial capacity available to the candidate must sign a letter of commitment, see further in the Tender Specifications. The form is enclosed as an attachment to the Tender Specifications (Appendix D - Letter of Commitment). If the candidate relies on the economic and financial capacity of other entities in relation to the fulfilment of requirements, see below, the candidate and the entities in question will be required by the contracting entity to undertake joint and several liability for the performance of the Contract, see Appendix D - Letter of Commitment. The ESPD serves as provisional documentation that the candidate fulfils the minimum requirements in respect of economic and financial capacity. Before the award decision is made, the candidate 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 following documentation of economic and financial capacity must be submitted: A statement regarding the operator's overall turnover in the three latest annual report(s)/financial statement(s) available, depending on when the operator was established or started trading if the figures for this turnover are available. If the candidate participates as a group of operators (e.g., a consortium) or relies on the economic and financial capacity of other entities, the documentation must be submitted for each entity as well.
Criterion: Other economic or financial requirements
Description of selection criterion: Equity *** The candidate must submit the European Single Procurement Document ("ESPD") with the candidate's equity in each of the three (3) latest financial years available. As a minimum requirement, an equity is required of at least DKK 50 million in each of the three (3) latest annual reports/financial statements available. If the candidate relies on the capacities of other entities or participates as a group of operators (e.g. a consortium), the equity is calculated as the total equity of the candidate and such other entities. The information is to be stated in section IV.B of the ESPD. In this procedure, the candidate may rely on the economic and financial capacity of other operators to fulfil the suitability requirements. The operator(s) making its/their economic and financial capacity available to the candidate must sign a letter of commitment, see further in the tender specifications. The form is enclosed as an attachment to the Tender Specifications (Appendix D - Letter of Commitment). If the candidate relies on the economic and financial capacity of other entities in relation to the fulfilment of requirements, see below, the candidate and the entities in question will be required by the contracting entity to undertake joint and several liability for the performance of the Contract, see Appendix D - Letter of Commitment. The ESPD serves as provisional documentation that the candidate fulfils the minimum requirements in respect of economic and financial capacity. Before the award decision is made, the candidate 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 following documentation of economic and financial capacity must be submitted: The operator's balance sheets or extracts from balance sheets in the three (3) latest annual reports/financial statement available, if publication of the balance sheets is required under law in the country in which the operator is established, or other documentation of the size of the equity. If the candidate participates as a group of operators (e.g., a consortium) or relies on the economic and financial capacity of other entities, the documentation must be submitted for each entity as well.
Criterion: References on specified works
Description of selection criterion: The candidate must submit the ESPD with a list of the 5 most significant comparable works that the candidate has carried out in the latest 5 years before the expiry of the deadline for application. As a minimum requirement, the candidate must have documented experience within the last 5 years through one or more references with the following: • A railway project involving minimum two of the following disciplines: (i) construction work along the railway, (ii) construction of new railway or maintenance work of a scale comparable to new railway construction, and (iii) railway safety. • A construction project carried out near an operational railway. • Construction works involving overhead line system. Only references relating to works carried out at the time of the deadline for application will be given importance in the evaluation of whether the requirements regarding technical and professional capacity have been complied with, see below. Hence, in the case of an ongoing task, only the part of the works already performed at the time of the deadline for application will be included in the evaluation of the reference. Each reference is requested to include a brief description of the deliveries made. The description of the delivery should include 1) a clear description of the works to which the delivery relates and 2) the candidates role(s) in the performance of the delivery. The reference is furthermore requested to include 3) the financial value of the delivery (amount), the 4) date of delivery and the name of the customer (recipient). When indicating the date of the delivery, the candidate is requested to indicate the date of commencement and finalisation of the delivery. If this is not possible, for example if the tasks were performed on a continuous basis under a framework agreement, the candidate is asked to indicate how the date is specified. No more than 5 references may be stated, irrespective of whether the candidate is a single operator, whether the candidate relies on the technical capacity of other entities, or is a group of operators (e.g. a consortium). Where more than 5 references are stated, only the most recent 5 references will be taken into account. Any additional references will be disregarded. If it is not possible to decide which references are the most recent 5 references, the references will be selected by drawing lots. In this procedure, the candidate may rely on the technical capacity of other operators to fulfil the suitability requirements. The operator(s) making its/their technical capacity available to the candidate must sign a letter of commitment, see further in the tender specifications. The form is enclosed as an attachment to the tender specifications (Appendix D – Letter of commitment). If the candidate relies on the professional experience of other entities for the performance of specific parts of the works comprised by the contract, such specific parts of the works under the contract must be performed by the entity on which the candidate relies. The ESPD serves as provisional documentation that the candidate fulfils the minimum requirements in respect of technical and professional ability. 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 verification of the information stated in the reference, including the dates of the reference indicated.
Criterion: References on specified works
Description of selection criterion: Objective criteria for choosing the limited number of candidates. *** The Contracting Entity will select (3) candidates by applying this selection criterion, unless the contracting entity receives no more than three (3) compliant requests for participation. The shortlisting of candidates invited to tender will be based on an evaluation of which candidates have documented the most relevant comparable works, of the services covered by the contract based on the references provided in the ESPD, cf. above. The relevance assessment will be made on the basis of the extent to which the references document experience in the delivery of comparable works. Emphasis will be put on (not prioritized): • Experience with works whose complexity imposes strict requirements on project logistics. Complexity is understood as works carried out under a tight schedule, in a confined workspace, and on/near an operational rail-way. • Experience with similar works with a contract value exceeding DKK 150 million. • Experience with the following disciplines (i) construction work along the railway, (ii) construction of new railway or maintenance work of a scale comparable to new railway construction, (iii) railway safety and (iv) construction works involving an overhead line system. The more disciplines covered, the more positively it will be weighted. In the evaluation of which candidates have documented the most relevant deliveries of comparable works, the extent to which the references, in total (incl. scale and volume) document relevant experience will be considered.
The criteria will be used to select the candidates to be invited for the second stage of the procedure
Information about the second stage of a two-stage procedure:
Minimum number of candidates to be invited for the second stage of the procedure: 3
Maximum number of candidates to be invited for the second stage of the procedure: 3
The procedure will take place in successive stages. At each stage, some participants may be eliminated
5.1.10.
Award criteria
Criterion:
Type: Price
Name: Price
Description: See Tender specifications
Category of award weight criterion: Weight (percentage, exact)
Award criterion number: 40
Criterion:
Type: Quality
Name: Organisation and Key Personnel
Description: See Tender specifications
Category of award weight criterion: Weight (percentage, exact)
Award criterion number: 35
Criterion:
Type: Quality
Name: Time Schedule
Description: See Tender specifications
Category of award weight criterion: Weight (percentage, exact)
Award criterion number: 25
5.1.11.
Procurement documents
5.1.12.
Terms of procurement
Terms of submission:
Electronic submission: Required
Languages in which tenders or requests to participate may be submitted: English
Electronic catalogue: Not allowed
Variants: Not allowed
Tenderers may submit more than one tender: Not allowed
Deadline for receipt of requests to participate: 06/05/2026 08:00:00 (UTC+00:00) Western European Time, GMT
Terms of contract:
The execution of the contract must be performed within the framework of sheltered employment programmes: No
Conditions relating to the performance of the contract: The Construction Agreement has incorporated the corporate social responsibility considera-tions, as appropriate, 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 Multina-tional Enterprises. The contract furthermore lays down requirements pursuant to ILO Con-vention no. 94 on labour clauses in public contracts and Circular no. 9471 of 30 June 2014. The Construction Agreement includes social clauses on the use of trainees. If the Construction Agreements is awarded to a group of suppliers (such as a consortium), the participants of the group must undertake joint and several liability and appoint a joint representative.
Electronic invoicing: Required
Electronic payment will be used: yes
Financial arrangement: The Contractor shall provide security for its obligations in accordance with SC clause 9. The Contract is subject to penalty for: - Delay, see the Contract. - Replacement of key personnel, see the Contract. - Breach of health and safety obligations, see the Contract. - Breach of obligations related to social clauses, see the Contract. If the Contract is awarded to a group of suppliers (such as a consortium), the participants of the group must undertake joint and several liability and appoint a joint representative.
5.1.15.
Techniques
Framework agreement:
No framework agreement
Information about the dynamic purchasing system:
No dynamic purchase system
5.1.16.
Further information, mediation and review
Review organisation: Klagenævnet for Udbud
Information about review deadlines: 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 of 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 entity has published a notice in the Official Journal of the European Union that the contracting entity 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 entity 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 if the notification has included an explanation of the relevant grounds for the decision. 3) 6 months after the contracting entity entered into a framework agreement calculated from the day after the day when the contracting entity 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 entity 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 entity in writing that a complaint has been lodged with the Danish Complaints Board for Public Procurement and whether the complaint was lodged during the standstill period, see section 6(4) of the Act. In cases where the complaint was not lodged within the standstill period, the complainant must furthermore indicate whether a suspensory effect of the complaint has been requested, see section 12(1) of the Act. The e-mail address of the Complaints Board for Public Procurement is nh@naevneneshus.dk. The Complaints Board’s own complaints procedure is available at https://naevneneshus.dk/start-din-klage/klagenaevnet-for-udbud/vejledning/.
Organisation providing additional information about the procurement procedure: A/S Øresund
Organisation providing more information on the review procedures: Konkurrence- og Forbrugerstyrelsen
Organisation receiving requests to participate: A/S Øresund
Organisation processing tenders: A/S Øresund
8. Organisations
8.1.
ORG-0001
Official name: A/S Øresund
Registration number: 15807830
Department: Sund & Bælt Holding A/S
Postal address: Vester Søgade 10
Town: København V
Postcode: 1601
Country subdivision (NUTS): Byen København (DK011)
Country: Denmark
Contact point: Britt Tronier
Telephone: +45 33 41 63 60
Roles of this organisation:
Buyer
Organisation providing additional information about the procurement procedure
Organisation receiving requests to participate
Organisation processing tenders
8.1.
ORG-0002
Official name: Klagenævnet for Udbud
Registration number: 37795526
Postal address: Nævnenes Hus, Toldboden 2
Town: Viborg
Postcode: 8800
Country subdivision (NUTS): Østjylland (DK042)
Country: Denmark
Telephone: +45 72405600
Roles of this organisation:
Review organisation
8.1.
ORG-0003
Official name: Konkurrence- og Forbrugerstyrelsen
Registration number: 10294819
Postal address: Carl Jacobsens Vej 35
Town: Valby
Postcode: 2500
Country subdivision (NUTS): Byen København (DK011)
Country: Denmark
Telephone: +45 41715000
Roles of this organisation:
Organisation providing more information on the review procedures
8.1.
ORG-0004
Official name: Mercell Holding ASA
Registration number: 980921565
Postal address: Askekroken 11
Town: Oslo
Postcode: 0277
Country subdivision (NUTS): Oslo (NO081)
Country: Norway
Contact point: eSender
Telephone: +47 21018800
Fax: +47 21018801
Roles of this organisation:
TED eSender
10. Change
10.1.
Change
Section identifier: LOT-0000
Description of changes: Selection criteria 3 and 4 under "Participation" (References on specified works) have been clarified. See the answer to question 389121 in the Tendering system.
Notice identifier/version: 46288465-ae94-4d3b-91f1-8e5c90b45027 - 01
Form type: Competition
Notice type: Contract or concession notice – standard regime
Notice subtype: 17
Notice dispatch date: 27/04/2026 12:25:56 (UTC+00:00) Western European Time, GMT
Notice dispatch date (eSender): 27/04/2026 12:27:43 (UTC+00:00) Western European Time, GMT
Languages in which this notice is officially available: English
Notice publication number: 289577-2026
OJ S issue number: 82/2026
Publication date: 28/04/2026