2024-02-05+00:0014:47:49+00:0016https://www.finanstilsynet.dk/ORG-0001FinanstilsynetStrandgade 29Copenhagen K1401DK011DNKORG-10598184JAMA+4520119854JAMA@FTNET.DKhttps://naevneneshus.dk/start-din-klage/klagenaevnet-for-udbud/https://naevneneshus.dk/start-din-klage/klagenaevnet-for-udbud/ORG-0002Klagenævnet for UdbudToldboden 2Viborg8800DK041DNKORG-37795526Klagenævnet for Udbud+45 72405600klfu@naevneneshus.dkhttps://www.kfst.dkhttps://www.kfst.dkORG-0003Konkurrence- og ForbrugerstyrelsenCarl Jacobsens Vej 35Valby2500DK011DNKORG-10294819Konkurrence- og Forbrugerstyrelsen+45 41715000kfst@kfst.dkhttp://mercell.com/ORG-0004Mercell Holding ASAAskekroken 11Oslo0277NO081NOR980921565eSender+47 21018800+47 21018801publication@mercell.com00081160-202427/20242024-02-07Z2.3eforms-sdk-1.76ce99853-19f4-4ac5-87d7-2c796cdba2ef252937dd-b941-4060-9030-96c4b8628c662024-02-05+00:0014:47:49+00:000132014L0024cn-standardENGcgaecon-affORG-0001ted-esenORG-0004The Danish Public Procurement Act (Act no. 1564 of 15 December 2015, as amended).The tender procedure is covered by the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 as amended), which implements the Public Procurement Directive (Directive 2014/24/EU).corruptionSee section 135(1), para (2) of the Danish Public Procurement Act.crime-orgSee section 135(1), para (1) of the Danish Public Procurement Act.finan-laundSee section 135(1), para (5) of the Danish Public Procurement Act.fraudSee section 135(1), para (3) of the Danish Public Procurement Act.human-trafficSee section 135(1), para (6) of the Danish Public Procurement Act.misrepresentSee section 136, para (3) of the Danish Public Procurement Act.nati-groundThe economic operator is established in a country which is included in the EU-list of non-cooperative jurisdictions for tax purposes and has not acceded to the GPA or other trade agreements, see section 137(1), para (1) of the Danish Public Procurement Act.partic-conflSee section 136, para (1) of the Danish Public Procurement Act.prep-conflSee section 136, para (2) of the Danish Public Procurement Act.prof-misconductSee section 136, para (4) of the Danish Public Procurement Act.socsec-paySee section 135(3) of the Danish Public Procurement Act.tax-paySee section 135(3) of the Danish Public Procurement Act. terr-offenceSee section 135(1), para (4) of the Danish Public Procurement Act.After receipt of initial tenders, the contracting entity will conduct individual negotiation meetings with all tenderers who have submitted an initial tender within the deadline stated. The negotiations will be conducted in accordance with the principle of equal treatment, and all tenderers will be given the same amount of time for negotiations with the contracting entity. Successive stages are not used in order to limit the number of tenders to be negotiated. 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 a revised initial or final tender. The contracting entity reserves the right to award the Contract on the basis of the first initial tender. 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.neg-w-callfalse112021-009018Tender supervisory technology system (SupTech Data Collection) for the Danish Financial Supervisory AuthorityI) Background and purpose: The Danish Financial Supervisory Authority (hereinafter “the contracting entity”) seeks a standardized Supervisory Technology (SupTech) Data Collection system (hereinafter the “System”) and related services to support legally required reporting of financial data from financial entities. This includes, but is not limited to financial reporting to EBA, ESMA and EIOPA. The primary purpose is to simplify compliance with current and future reporting requirements. II) Main Services: The tender includes the main Services A-D below. The System and Continuing Services are provided to the contracting entity as a “Software as a Service” (“SaaS”), which represents a way of providing a cloud service where users gain access to the software applications via the internet. A: Implementation Services: The Supplier’s Implementation Services includes the following: 1. Implementation of the System: The Supplier shall implement a standard System that can handle all necessary reports following the requirements at that time to EBA, ESMA and EIOPA. 2. Training/education of Customer’s employees in the use of the System. 3. API integration to Customer systems (data warehouse, master register of companies and persons, etc.) 4. One time data exchange from the existing system, FIONA. B: Provision of the System and Continuing Services: The Supplier’s Continuing Services includes the following: 1. Provision of the System for the Customer’s use. 2. Operation. 3. Maintenance. 4. Support. C. Services as per Order: The Supplier’s Services as per Order consists of the following: 1. Consultancy services. 2. Additional Modules from Supplier’s Roadmap. D. Exit Services: The Supplier shall provide Exit Services to the Customer in connection with full or partial termination of the Contract, including any reasonable and necessary assistance to the Customer in connection with the Customer’s transfer of the Services to the Customer or other suppliers. servicesParticipation 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. Interested operators are requested to keep updated via the electronic tendering system. If the candidate encounters problems with the system, please contact support by telephone +45 7022 7007 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). 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. 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 applicants and tenderers established in the country holding the official list. The candidate must also 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 Appendix H to the tender specifications. The contracting entity will select the number of candidates by applying the selection criteria stated in this contract notice, unless the contracting entity receives no more than the stated number of compliant requests for participation. It should be noted that the amount is an estimate of the expected contract price for the entire term of the Contract, including the price of extension options. The estimate is based on on historical data as well as the expected value including all services covered by the tendered Contract. 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 tender documents. Attention is drawn to Article 5k in Regulation (EU) No 833/2014, as amended, which applies to the tender procedure. The provision contains a prohibition against award of contracts to Russian companies and Russian-controlled companies etc. (reference is made to Article 5k, section 1, for the precise definition of the operators that are subject to the prohibition). The contracting entity re-serves the right to require at any time during the tender process that the economic operators prove that they are not subject to the prohibition, for example by requiring a declaration to this effect and/or documentation regarding the place of establishment and ownership of the economic operators and any subcontractors. 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 authorization 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 authorization requirement. The tenderer should clarify whether tenderer’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/. 400000007260000072200000722200007225000072400000The System shall be provided for the contracting entity's use via the internet as a "Soft-ware as a Service" ("SaaS"). Other Services may be delivered provided remotely, e.g., via remote access, telephone, email or chat unless otherwise agreed in writing between the Parties. However, see limitations to this in the draft of Contract, Appendix 12. DK012DNKLOT-0000ef-standThe total annual turnover in the latest financial year.The candidate must submit the European Single Procurement Document ("ESPD") with the following information: The candidates total annual turnover in the latest financial year available. 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 Appendix H to the tender specifications. If the candidate relies on the economic and financial capacity of other entities in relation to the fulfilment of minimum suitability 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, cf. tender specifications, Appendix H. The ESPD serves as provisional documentation that the candidate fulfils the minimum suitability 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 latest annual report/financial statement available, depending on when the operator was established or started trading if the figures for this turnover are available. For groups of operators (e.g. a consortium), the information in the latest annual report/financial statement 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 be provided as well. Minimum requirement: As a minimum requirement, a total annual turnover of at least DKK 40.000.000 is required in the latest annual report/financial statement 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 the latest annual report/financial statement available. For groups of operators (e.g., a consortium), the turnover is calculated as the total turnover of the operators in the latest annual report/financial statement available. The information is to be stated in section IV.B of the ESPD. usedfalseef-standThe equity at the end of the latest financial year available.The candidate must submit the European Single Procurement Document ("ESPD") with the following information: The candidate's equity in the latest financial year available. 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 Appendix H to the tender specifications. If the candidate relies on the economic and financial capacity of other entities in relation to the fulfilment of minimum suitability 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, cf. tender specifications, Appendix H. The ESPD serves as provisional documentation that the candidate fulfils the minimum suitability requirements in respect of economic and financial capacity. Before the award decision is made, the candidate to whom the contracting entity in-tends 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 latest annual report/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. For groups of operators (e.g., a consortium), the information in the latest annual report/financial statement 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 be provided as well. Minimum requirement: As a minimum requirement, a positive equity is required in the latest annual report/financial statement available. If the candidate relies on the capacities of other entities, the equity is to be calculated as the total equity of the operator and such other entities in the latest annual report/financial statement available. For groups of operators (e.g., a consortium), the equity is calculated as the total equity of the operators in the latest annual report/financial statement available. The information is to be stated in section IV.B of the ESPD. usedfalsesui-actn-usedtp-abilReferences.The candidate must submit the ESPD with the following information: A list of the 5 most significant comparable services that the candidate has carried out in the latest 3 years before the expiry of the deadline for application. Only references relating to services carried out at the time of the deadline for application will be given importance in the evaluation of whether the minimum 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 services 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 a clear description of the services to which the delivery relates 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), the 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 finalization 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 fulfill 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 Appendix H to the tender specifications. If the candidate relies on the professional experience of other entities for the performance of specific parts of the services comprised by the Contract, such specific parts of the services under the Contract must be performed by the entity on which the candidate relies. The ESPD serves as provisional documentation that the candidate fulfills the minimum suitability requirements in respect of technical and professional 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. 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. The shortlisting of candidates invited to tender: The shortlisting of candidates invited to the tender will be based on evaluation of which candidates have documented the most relevant deliveries (references) in relation to the services put up for tender, see description of the procurement in this contract notice. The relevance assessment will be made on the basis of the extent to which the references document experience in the provision of comparable services, see description of the procurement in this contract notice, “II) Main Services, litra A-D”, in connection to the general characteristics as stated in the description of the procurement in this contract notice “I) Background and purpose”. In the evaluation of which candidates have documented the most relevant deliveries (references) of comparable services, the extent to which the references, in total, document relevant experience in delivering the services specifically required will be considered. usedtruenot-allowedno-eu-fundsnot-requfalsenot-allowedfalseAll tender documents.non-restricted-documentENGofficialhttps://www.ethics.dk/ethics/eo#/203505fb-f56a-493b-a2d1-3a56a707ab10/publicMaterialnonefalserequiredtrueThe tendered Contract contains an obligation for any of the Supplier's employees or subcontractors participating in the cooperation organization to individually sign a non-disclosure agreement before any work is performed under the Contract. nonot-allowedtrueperformanceThe Contract has incorporated the corporate social responsibility considerations, 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 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 June 2014. The Contract lays down requirements on compliance with the law on processing of personal data. If the Contract is awarded to a group of operators (such as a consortium), the participants of the group must undertake joint and several liability and appoint a joint representative.trueper-exa40pricePriceReference is made to the tender specifications, Appendix A, paragraph 1, item 1.per-exa40qualityQualityReference is made to the tender specifications, Appendix A, paragraph 1, item 2.per-exa20qualityImplementation and exitReference is made to the tender specifications, Appendix A, paragraph 1, item 3.ORG-0001https://www.ethics.dk/ethics/eo#/203505fb-f56a-493b-a2d1-3a56a707ab10/homepageORG-0001ORG-0001Pursuant 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 klfu@naevneneshus.dk. The Complaints Board’s own complaints procedure is available at https://naevneneshus.dk/start-din-klage/klagenaevnet-for-udbud/vejledning/.ORG-0003ORG-0002ENGtruetruefalserequiredfalsetrue2024-03-11+01:0012:00:00+01:00635025-2023true33falsenonenone112021-009018Tender supervisory technology system (SupTech Data Collection) for the Danish Financial Supervisory AuthorityI) Background and purpose: The Danish Financial Supervisory Authority (hereinafter “the contracting entity”) seeks a standardized Supervisory Technology (SupTech) Data Collection system (hereinafter the “System”) and related services to support legally required reporting of financial data from financial entities. This includes, but is not limited to financial reporting to EBA, ESMA and EIOPA. The primary purpose is to simplify compliance with current and future reporting requirements. II) Main Services: The tender includes the main Services A-D below. The System and Continuing Services are provided to the contracting entity as a “Software as a Service” (“SaaS”), which represents a way of providing a cloud service where users gain access to the software applications via the internet. A: Implementation Services: The Supplier’s Implementation Services includes the following: 1. Implementation of the System: The Supplier shall implement a standard System that can handle all necessary reports following the requirements at that time to EBA, ESMA and EIOPA. 2. Training/education of Customer’s employees in the use of the System. 3. API integration to Customer systems (data warehouse, master register of companies and persons, etc.) 4. One time data exchange from the existing system, FIONA. B: Provision of the System and Continuing Services: The Supplier’s Continuing Services includes the following: 1. Provision of the System for the Customer’s use. 2. Operation. 3. Maintenance. 4. Support. C. Services as per Order: The Supplier’s Services as per Order consists of the following: 1. Consultancy services. 2. Additional Modules from Supplier’s Roadmap. D. Exit Services: The Supplier shall provide Exit Services to the Customer in connection with full or partial termination of the Contract, including any reasonable and necessary assistance to the Customer in connection with the Customer’s transfer of the Services to the Customer or other suppliers. servicesParticipation 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. Interested operators are requested to keep updated via the electronic tendering system. If the candidate encounters problems with the system, please contact support by telephone +45 7022 7007 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). 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. 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 applicants and tenderers established in the country holding the official list. The candidate must also 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 Appendix H to the tender specifications. The contracting entity will select the number of candidates by applying the selection criteria stated in this contract notice, unless the contracting entity receives no more than the stated number of compliant requests for participation. It should be noted that the amount is an estimate of the expected contract price for the entire term of the Contract, including the price of extension options. The estimate is based on on historical data as well as the expected value including all services covered by the tendered Contract. 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 tender documents. Attention is drawn to Article 5k in Regulation (EU) No 833/2014, as amended, which applies to the tender procedure. The provision contains a prohibition against award of contracts to Russian companies and Russian-controlled companies etc. (reference is made to Article 5k, section 1, for the precise definition of the operators that are subject to the prohibition). The contracting entity re-serves the right to require at any time during the tender process that the economic operators prove that they are not subject to the prohibition, for example by requiring a declaration to this effect and/or documentation regarding the place of establishment and ownership of the economic operators and any subcontractors. 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 authorization 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 authorization requirement. The tenderer should clarify whether tenderer’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/. 400000007260000072200000722200007225000072400000The System shall be provided for the contracting entity's use via the internet as a "Soft-ware as a Service" ("SaaS"). Other Services may be delivered provided remotely, e.g., via remote access, telephone, email or chat unless otherwise agreed in writing between the Parties. However, see limitations to this in the draft of Contract, Appendix 12. DK012DNK108The tendered Contract contains no options, except for extension options.2The estimated duration of the Contract put out for tender is inclusive of the extension options. 60 months constitutes the ordinary term of the Contract, while the remaining 48 months constitutes the extension period of the Contract. The Contract may be extended by two (2) times 24 months.