2.1.1.
Purpose
Main nature of the contract: Works
Main classification (cpv): 45234116 Track construction works
Additional classification (cpv): 45234110 Intercity railway works, 45234130 Ballast construction works, 45234000 Construction work for railways and cable transport systems, 45230000 Construction work for pipelines, communication and power lines, for highways, roads, airfields and railways; flatwork
2.1.2.
Place of performance
Country subdivision (NUTS): Fyn (DK031)
Country: Denmark
Additional information: Situated in the municipalities of Odense, Assens and Middelfart
2.1.3.
Value
Estimated value excluding VAT: 310 000 000,00 DKK
2.1.4.
General information
Additional information: Points A) to G) below apply to the lot. ____________________________________________________________________________________________ A) The Danish Public Procurement Act = UBL. The Danish Executive order no. 1078 of 29-06-2022 on the procedures for entering into contracts within water and energy supply, transport and postal services = Impl.bkg. ____________________________________________________________________________________________ B) Tenders can only be submitted in Danish. The contract and working language is, as a general rule, Danish, exceptions are stated in the contract, section 2 Aftalegrundlaget. All communication with and all written deliveries to the customer must therefore be in Danish. However, standard product sheets, manuals and the like can be delivered in English by prior agreement with the contracting authority. The contractor's expenses for translations and/or interpreting assistance are not the responsibility of the contracting authority. ____________________________________________________________________________________________ C) Refer to the document "Bestemmelser om udbud og tilbud (BUT) – 92900.251" for further information on the procedures for the tender process and reuirements for the tenders. If the tender contains several editions (versions) of the same document, the latest uploaded edition will be the valid one. ____________________________________________________________________________________________ D) Questions must be sent to the e-mail addresses listed in "Bestemmelser om udbud og tilbud (BUT) – 92900.251", section 4. Kommunikation. Questions and answers will be made available under "Ongoing tenders" at the internet address listed in section 5.1.11 of this tender notice. Questions received later than 6 (six) days before the deadline cannot be expected to be answered. ____________________________________________________________________________________________ E) The tenderer, consortium/association participants, any supporting entities must complete and submit the “European Single Procurement Document” (hereinafter referred to as the “ESPD”). The ESPD serves as preliminary evidence for the conditions mentioned in UBL § 148, cf. impl.bkg. § 12. See also "Bestemmelser om udbud og tilbud (BUT) – 92900.251", sections 5.2 "ESPD" and 5.3 "Dokumentation for oplysninger afgivet i ESPD". ____________________________________________________________________________________________ F) The contracting authority may request tenderers to supplement, clarify or complete the tender in accordance with Article 76 (4) of the Utilities Directive, if the tender does not meet the formal requirements of the tender documents. The contracting authority is however not obliged to do so. ____________________________________________________________________________________________ G) The tender procedure is conducted using a two-envelope procedure. The procedure is described in detail in the tender documents.
Legal basis:
Directive 2014/25/EU
2.1.6.
Grounds for exclusion
Sources of grounds for exclusion: Notice
Participation in a criminal organisation: See The Public Procurement Act, Section 135 (1), No. 1.
Corruption: See The Public Procurement Act, Section 135 (1), No. 2
Fraud: See The Public Procurement Act, Section 135 (1), No. 3
Terrorist offences or offences linked to terrorist activities: See The Public Procurement Act, Section 135 (1), No. 4
Money laundering or terrorist financing: See The Public Procurement Act, Section 135 (1), No. 5.
Child labour and including other forms of trafficking in human beings: See The Public Procurement Act, Section 135 (1), No. 6.
Breaching obligation relating to payment of taxes: See The Public Procurement Act, Section 135 (3).
Breaching obligation relating to payment of social security contributions: See The Public Procurement Act, Section 135 (3).
Conflict of interest due to its participation in the procurement procedure: See The Public Procurement Act, Section 136 (1), No. 1.
Direct or indirect involvement in the preparation of this procurement procedure: See The Public Procurement Act, Section 136 (1), No. 2.
Misrepresentation, withheld information, unable to provide required documents or obtained confidential information of this procedure: See The Public Procurement Act, Section 136 (1), No. 3.
Grave professional misconduct: See The Public Procurement Act, Section 136 (1), No. 4.
Bankruptcy: See The Public Procurement Act, Section 137 (1), No. 2.
Analogous situation like bankruptcy, insolvency or arrangement with creditors under national law: See The Public Procurement Act, Section 137 (1), No. 2.
Insolvency: See The Public Procurement Act, Section 137 (1), No. 2.
Assets being administered by liquidator: See The Public Procurement Act, Section 137 (1), No. 2.
Arrangement with creditors: See The Public Procurement Act, Section 137 (1), No. 2.
Breaching of obligations in the fields of environmental law: See The Public Procurement Act, Section 137 (1), No. 1.
Breaching of obligations in the fields of social law: See The Public Procurement Act, Section 137 (1), No. 1.
Breaching of obligations in the fields of labour law: See The Public Procurement Act, Section 137 (1), No. 1.
Early termination, damages, or other comparable sanctions: See The Public Procurement Act, Section 137 (1), No. 4.
Business activities are suspended: See The Public Procurement Act, Section 137 (1), No. 2. ____________________________________________________________________________________________ THE DANISH PUBLIC PROCUREMENT ACT, SECTION (§) 134a, cf. Impl.bkg § 11: In addition to the above exclusion grounds, attention is also drawn to the Danish Public Procurement Act, § 134a, which requires that the Contracting Entity must exclude all tenderers that are established in a country that is on the EU list of non-cooperative jurisdictions for tax purposes and that has not joined the GPA Agreement or other trade agreements, which are binding for Denmark. ____________________________________________________________________________________________ DOCUMENTATION: When submitting a tender, the tenderer must complete the European Single Procurement Document (ESPD) as preliminary proof that it is not subject to the grounds for exclusion. The tenderer with whom the contracting authority intends to conclude the agreement must, prior to contract award, submit documentation for the information provided in the ESPD, cf. impl.bkg. § 12 and Sections (§) 151 and 153 of the Danish Public Procurement Act. The documentation must not be more than 6 (six) months old at the time of the expected conclusion of the contract. Please also see the tender document "Bestemmelser om udbud og tilbud (BUT) – 92900.251", sections 3.3 "Forventet tidsplan for udbudsprocessen", 5.2 "ESPD" and 5.3 "Dokumentation for oplysninger afgivet i ESPD". The above-mentioned preliminary proof and documentation must also be submitted for other entities, on which the tenderer has relied in order to meet the minimum requirements for economic and financial capacity and/or technical and professional capacity.