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Services - 73507-2020

13/02/2020    S31    Services - Contract notice - Negotiated procedure 

Denmark-Taastrup: Hardware consultancy services

2020/S 031-073507

Contract notice – utilities

Services

Legal Basis:

Directive 2014/25/EU

Section I: Contracting entity

I.1)Name and addresses
Official name: DSB
National registration number: 25 05 00 53
Postal address: Telegade 2
Town: Taastrup
NUTS code: DK
Postal code: 2630
Country: Denmark
Contact person: Mikael Celta
E-mail: mice@dsb.dk
Telephone: +45 24683013

Internet address(es):

Main address: www.dsb.dk

Address of the buyer profile: https://eu.eu-supply.com/ctm/Company/CompanyInformation/Index/63264

I.2)Information about joint procurement
I.3)Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at: http://eu.eu-supply.com/app/rfq/rwlentrance_s.asp?PID=263243&B=DSB
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be submitted electronically via: http://eu.eu-supply.com/app/rfq/rwlentrance_s.asp?PID=263243&B=DSB
Tenders or requests to participate must be submitted to the abovementioned address
I.6)Main activity
Railway services

Section II: Object

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

IT Resource Partner

Reference number: 10022020
II.1.2)Main CPV code
72100000
II.1.3)Type of contract
Services
II.1.4)Short description:

DSB wants to consolidate the procurement of IT consultants. DSB is therefore looking for an IT resource partner that can provide IT consultants in a single source setup. The scope of this tender is to enter into a framework agreement with 1 supplier, which can deliver consultants in the relevant categories at an hourly rate.

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)
72200000
72220000
72600000
II.2.3)Place of performance
NUTS code: DK
Main site or place of performance:

DENMARK.

II.2.4)Description of the procurement:

DSB wants to consolidate the procurement of IT consultants. DSB is therefore looking for an IT resource partner that can provide IT consultants in a single source setup. The scope of this tender is to enter into a framework agreement with 1 supplier, which can deliver consultants in the relevant categories at an hourly rate.

The primary service under the framework agreement is the delivering of consultants in the following categories via automated processes supported by a service organization:

— SAP resources,

— IT Architects,

— IT Project Managers,

— IT developers.

II.2.5)Award criteria
Criteria below
Quality criterion - Name: Service delivery / Weighting: 40 %
Quality criterion - Name: Consultant provisioning / Weighting: 25 %
Price - Weighting: 35 %
II.2.6)Estimated value
Value excluding VAT: 400 000 000.00 DKK
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:

2 x 24 måneder.

II.2.9)Information about the limits on the number of candidates to be invited
Envisaged number of candidates: 5
Objective criteria for choosing the limited number of candidates:

The limitation of candidates invited to tender will be conducted based on the references submitted by the candidates, see Section III.1.3). The candidates with the most relevant references will be prequalified.

The most relevant references are identified through an evaluation, where the references will be rated relevant, if they demonstrate the following experiences:

— experience with delivery of services comparable to the content and size of the primary service of the present tender, see the description in Section II.2.4),

— experience with deliveries to companies and entities comparable to DSB.

The evaluation will both observe the extent to which the reference cases show the above-mentioned experiences in depth and in width,

— depth – to which extent each reference case demonstrates the above-mentioned experiences,

— width – to which extent the above-mentioned experiences are demonstrated across the reference cases.

The evaluation will be based on the aggregated overall relevance of the references.

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

DSB will complete minimum 1 round of negotiation. As regards to Section II.2.9) it should be noted that each candidate may only submit 1 application for pre-qualification.

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 submit a completed version of the European single procurement document (ESPD), including Part IV, section B, with the following information:

— the total annual turnover in the last 3 financial years available,

— the EBIT margin (EBIT/turnover * 100) in the last 3 financial years available,

— the solvency ratio (equity to total assets ratio) in the last 3 financial years available.

The ESPD serves as provisional documentation that the candidate fulfils the minimum suitability requirements in respect of economic and financial capacity.

Before the decision to award the contract is made, the tenderer to whom the contracting entity intends to award the contract must submit documentation that the information stated in the ESPD is accurate.

Upon the contracting entity's request, the candidate must submit the following documentation of economic and financial capacity (1-3):

1) Total annual turnover. A statement regarding the candidates overall turnover in the last 3 financial years available, depending on the date when the undertaking was set up or started trading, if the information on these turnovers is available. For groups of candidates (e.g. a consortium), the information must be submitted for each participating operator in the group. Where a candidate relies on the economic and financial capacity of other entities (e.g. a parent company, a sister company or a subcontractor), information for such other entities must also be provided;

2) EBIT margin. A statement regarding the candidate’s average EBIT margin (calculated by dividing EBIT with turnover (EBIT/turnover*100)) in the last 3 financial years available, depending on the date when the candidate was set up or started trading, if the information on these turnovers and the figures for EBIT are available. For groups of candidates (e.g. a consortium), the information must be submitted for each participating candidate in the group. Where a candidate relies on the economic and financial capacity of other entities (e.g. a parent company, a sister company or a subcontractor), information for such other entities must also be provided;

3) Solvency ratio. A statement regarding the candidate’s average solvency ratio (calculated as (equity/total assets*100)) in the last 3 financial years available, depending on the date when the candidate was set up or started trading, if the figures for equity and assets are available. For groups of candidates (e.g. a consortium), the information must be submitted for each participating candidate in the group. Where a candidate relies on the economic and financial capacity of other entities (e.g. a parent company, a sister company or a subcontractor), information for such other entities must also be provided.

Minimum level(s) of standards possibly required:

The candidate must meet the following minimum requirements at the time of prequalification as an average of the last 3 financial years prior to the deadline for submission of application for prequalification:

1) A total annual turnover of at least 100 000 000 DKK;

2) An EBIT margin of at least 5 % — calculated by dividing EBIT with turnover (EBIT/turnover* 100);

3) A solvency ratio of at least 10 % — calculated by dividing equity with total assets (equity/total assets *100).

If the candidate is the parent company of a group of companies (i.e. the same legal group) the turnover, EBIT margin and solvency ratio may be based on the financial figures of the consolidated financial statement of the group of companies. ‘The same legal group’ shall be defined as entities covered by directive 2013/34/EU (directive on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings) art. 22(1).

If the candidate is an intermediate parent company (i.e. the parent company of a ‘subgroup’ of companies) or the candidate is relying on the economic and financial capacity of such an intermediate parent company, the turnover, EBIT margin and solvency ratio may be based on the financial figures of the consolidated financial statement of the ‘subgroup’ of companies.

If the candidate is relying on the capacity of 1 or more other entities the turnover, EBIT margin and solvency ratio will be calculated on the basis of the combined financial figures of the candidate and the supporting entities. This means, e.g. in relation to solvency ratio, that the calculation will be based on the combined total equity of the candidate and the supporting entities calculated as an average of the last 3 financial years and the combined total assets of the candidate and the supporting entities calculated as an average of the last 3 financial years (solvency ratio = average combined total equity/average combined total assets*100).

If the candidate and the supporting entity/entities have consolidated financial statements, the calculations of the turnover, EBIT margin and solvency ratio will be based on such consolidated financial statements; in this case, the candidate and supporting entities should provide the information necessary in the ESPD to allow for correct calculations.

If the candidate is a group of economic operators (e.g. a consortium), the turnover, EBIT margin and solvency ratio will be calculated in the same manner as candidates with 1 or more supporting entities, i.e. on the basis of the combined financial figures of the participating economic operators.

If any of the participating economic operators (in the consortium) have consolidated financial statements, the calculations concerning these economic operators will be made based on such consolidated financial statements; in this case, the economic operators in question should provide the information necessary in the ESPD to allow for correct calculations.

DSB intends to ask the candidate to provide documentation for their fulfillment of the minimum requirements concerning financial and economic standing after pre-qualification. The documentation on fulfillment of the minimum requirements concerning financial and economic standing after pre-qualification shall consist of audited financial statements or excerpts thereof for the 3 latest financial years, depending on the date on which the candidate 's undertaking was set up or the candidate started trading, where publication of financial statements is required under the law of the country in which the candidate is established, or any other form of documentation which DSB deems appropriate, where the candidate is unable to present audited financial statements for a valid reason. By ‘financial year’ is meant either a calendar year (1 January-31 December) or a season (e.g. 1 July-30 June).

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

The candidate must submit the ESPD with the following information:

The candidates are required to submit 3 references, that the candidate has carried out in the last 3 years before the expiry of the application deadline.

No more than 3 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 whether the candidate is a group of operators (e.g. a consortium).

If more than 3 references are stated, only the first 3 references will be taken into account. Any additional references will be disregarded.

III.1.3) Technical and professional ability

— selection criteria as stated in the procurement documents

List and brief description of selection criteria:

The candidate must submit the ESPD with the following information:

The candidates are required to submit 3 references, that the candidate has carried out in the last 3 years before the expiry of the application deadline.

No more than 3 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 whether the candidate is a group of operators (e.g. a consortium).

If more than 3 references are stated, only the first 3 references will be taken into account. Any additional references will be disregarded.

If it is not possible to decide which references are the first 3 references, the references will be selected by drawing lots.

The ESPD serves as provisional documentation that the candidate the candidate's/tenderer's compliance with the selection criterion, see Section II.2.9).

Only references relating to deliveries carried out at the time of application will be given importance in the evaluation of which candidates have demonstrated the most relevant references, see Section II.2.9). Hence, in the event of an ongoing task, only the part of the services already having been performed at the time of application will be included in the evaluation of the reference.

Each reference is requested to include a brief description of the delivery performed. The delivery description should include a very clear description of the primary service set out in Section II.2.4) to which the delivery is related and the candidate's role(s) in the performance of the delivery. The reference is furthermore requested to include the financial value of the delivery (amount), date of delivery and name of the customer (recipient).

When indicating the date of the delivery, the candidate is requested to indicate the date when the delivery was commenced and finalized. If that is not possible, e.g. if the tasks were performed on an ongoing basis under a framework agreement, the candidate is asked to specify the circumstances of the date in the description.

No additional documentation of technical and professional capacity will be required from the candidate. However, the contracting entity reserves the right to contact the customer stated in the reference for confirmation of the information stated in the reference, including the dates of the reference indicated.

Minimum level(s) of standards possibly required:

Candidates must submit a minimum of 3 references, that the candidate has carried out in the last 3 years before the expiry of the application deadline.

III.1.4)Objective rules and criteria for participation
III.1.5)Information about reserved contracts
III.1.6)Deposits and guarantees required:
III.1.7)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:

Payment terms are NET 30 days.

Reference is furthermore made to the electronic invoicing required and the option of ordering electronically pursuant to (Consolidated) Act No 798 of 28.6.2007 about payment to public authorities, etc., as amended. The consolidated act is available (in Danish) at www.retsinformation.dk

III.1.8)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:

If the contract is awarded to a group of economic operators (e.g. a consortium), each participant of the group must assume joint and several liability, directly and unconditionally and appoint a joint representative.

III.2)Conditions related to the contract
III.2.1)Information about a particular profession
III.2.2)Contract performance conditions:

The contract has to the relevant extent incorporated the corporate social responsibility considerations laid down in the conventions on the basis of which the principles of the UN Global Compact are worded and as laid down in the OECD Guidelines for Multinational Enterprises. The contract furthermore lays down requirements pursuant to ILO Convention No 94 on labour clauses in public contracts and Circular No 9471 of 30.6.2014.

The contract lays down requirements on compliance with the law on processing of personal data.

All requirements that are not minimum requirements may in principle be negotiated and may be changed/withdrawn. Thus, all potential candidates who can comply with the minimum requirements are encouraged to apply to participate even if the candidate cannot comply with all conditions stated in the tender documents and the framework agreement.

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
Negotiated procedure with prior call for competition
IV.1.3)Information about a framework agreement or a dynamic purchasing system
The procurement involves the establishment of a framework agreement
Framework agreement with a single operator
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: 11/03/2020
Local time: 23:59
IV.2.3)Estimated date of dispatch of invitations to tender or to participate to selected candidates
Date: 16/03/2020
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: yes
Estimated timing for further notices to be published:

2024.

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:

Participation in the tendering procedure may only take place via the electronic tendering system used by DSB, see section I.3). For access to the procurement documents, the candidate must be registered or register as a user.

All communication in connection with the tender procedure, including questions and answers, must take place through the electronic tendering system. DSB would prefer that questions regarding prequalification are submitted within 2.3.2020.

The candidate must as its application to participate in the tender submit an ESPD as preliminary documentation of the circumstances in section 148(1), paras (1)-(3) of the Danish Public Procurement Act, cf. s.11 of Ministerial Order on procurement by entities operating in the water, energy, transport and postal services sectors (‘Ministerial Order’). The ESPD document is to be completed directly in the electronic tendering system. See the address set out in Section I.3).

For groups of operators (e.g. a consortium), a separate ESPD must be submitted for each participating economic operator. A group of operators shall besides the ESPD documents submit a signed consortium declaration declaring that each operator in the consortium is jointly and severally liable, directly and unconditionally, to the contracting entity for any obligation in relation to the consortium‘s tender. The candidate is encouraged to use the template for consortium declaration, cf. Appendix H.

If the candidate relies on the capacity of other entities, an ESPD must be submitted for each of the entities on which the candidate/tenderer relies. The candidate must prove that the necessary resources from the supporting entities will be made available to the candidate. The supporting entity/entities shall undertake joint and several liability to the contracting entity for any obligation made in the declaration. The candidate is encouraged to use the template for support declaration, cf. Appendix I.

The candidate will be excluded from participation in the tendering procedure if the candidate is subject to the compulsory grounds for exclusion set out in ss.135 and 136 of the Danish Public Procurement Act, cf. s.10, para. (1) of Ministerial Order, unless the candidate has submitted sufficient documentation for its reliability cf. s.138 of the Danish Public Procurement Act, cf. s.10(1), para. (2) of the Danish Implementing Order (implementeringsbekendtgørelsen).

DSB intends to ask the applicants to provide documentation for their fulfillment of the circumstances set out in section 148(1), paras (1)-(3) of the Danish Public Procurement Act, cf. s.11 of Ministerial Order after pre-qualification. The type of documentation depends of the documentation issued in the relevant country.

Before the decision to award the contract is made, the tenderer to whom DSB intends to award the contract must provide documentation of the information submitted in the ESPD pursuant to sections 151 and 152(3), cf. section 11 of the Danish Implementing Order.

Interested operators are requested to keep updated via the electronic tendering system.

In the event of change of the tenderer, the provisions of s.147 of the Danish Public Procurement Act will apply in their entirety.

An information meeting will be held 3th of April. For more information see the tender specifications.

DSB may ask the candidate to supplement, specify or complete the application pursuant to Article 76, para. (4) of the Utilities Directive if the application does not comply with the formal requirements of the tender documents.

The procurement is conducted subject to the achievement of the necessary funding basis.

VI.4)Procedures for review
VI.4.1)Review body
Official name: Klagenævnet for Udbud
Postal address: Toldboden 2
Town: Viborg
Postal code: 8800
Country: Denmark
E-mail: klfu@naevneneshus.dk
Telephone: +45 72405708

Internet address: https://erhvervsstyrelsen.dk/klagevejledning-0

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

VI.4.3) Review procedure

Pursuant to the Danish Act on the Complaints Board for Public Procurement, etc. (lov om Klagenævnet for Udbud m.v.) (the Act is available (in Danish) at www.retsinformation.dk), the following deadlines apply to the lodging of complaints:

Complaints for not having been selected must be submitted to the Danish Complaints Board for Public Procurement before the expiry of 20 calendar days, see section 7(1) of the Act, from the day after submission of notification to the candidates concerned of the identity of the successful tenderer if the notification is accompanied by an explanation of the grounds for the decision in accordance with section 2(1), para. (1) of the 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 tenderers 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 includes an explanation of the relevant grounds for the decision;

3) 6 months after the contracting entity has entered into a framework agreement calculated from the day after the day when the contracting entity has notified the affected applicants and tenderers, see section 2(2) of the 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 appeal 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 clause 12(1) of the Act.

The email address of the Complaints Board for Public Procurement is set out in Section VI.4.1).

The Complaints Board’s own complaints procedure is available at https://naevneneshus.dk/start-din-klage/klagenaevnet-for-udbud/

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

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

VI.5)Date of dispatch of this notice:
10/02/2020