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Denmark-Copenhagen: Software supply services
Section I: Contracting authority
Main address: https://ekf.dk/
Section II: Object
Contract Regarding Provision of Treasury Management System
EKF Danmarks Eksportkredit (hereinafter ‘EKF’) is the Danish export credit agency. EKF’s objective is to facilitate Danish companies’ internationalization opportunities and to create growth and jobs in Denmark. In that connection EKF among other things provides export loans. EKF is launching a call for tenders with the aim to conclude a contract with a supplier of a treasury management system. The purpose of the contract is to obtain a new treasury management system with implementation by the end of 2020 at the latest in order to ensure continued efficiency, automation and control within EKF’s treasury function.
As a lender of record, EKF facilitates funding for customers of Danish export on commercial terms. Export loans can be used on a standalone structure or as part of e.g. a project finance structure. Loans are available in most currencies. The loan structure follows the project with an availability period of 2-3 years and an amortization of 15-18 years. Loans can be front and back loaded or amortizing with equal instalment. Different structures, currencies, interest periods, index, etc. demand a flexible system, which gives the opportunity to handle the registration and administration of the loan portfolio, monthly reporting, accounting and day-to-day settlements. For this purpose EKF uses a treasury management system.
The treasury management system should be a standard system hosted by the supplier. The supplier is responsible for the delivery of the system, maintenance, support and the daily operation of the system. Furthermore, the supplier shall upon request deliver consultancy services.
EKF is looking for a treasury management system which covers the following main functional areas, all described in Appendix 1:
(a) transaction entry: concerns the functionality of entering deals in the treasury management system.
(b) cash and liquidity management: covers the functionality of the managing of cash flows, bank accounts and ensuring sufficient funds (in the right locations and currencies) to meet the financial obligations of EKF.
(c) settlement: involves, among other things, making treasury payments, reconciliation of treasury bank accounts, confirmation of deals and interest rate fixing of floating rate instruments.
(d) treasury reporting and risk management: comprise functionality of handling exposures and all required treasury reports in the treasury management system.
(e) accounting: deals with ongoing financial record keeping and hedge accounting for treasury activities.
(f) interfaces: standardised and recurring exchanges of data between two or more separate solutions required for running the treasury tasks.
(g) IT: cover the treasury management systems delivery terms and assurance report coverage.
(h) audit and security: ensures that the segregation of duties ought to exist within the treasury function.
The supplier will be responsible for the delivery of the system and will prepare a detailed delivery and implementation project plan. The system will be delivered in a project between the supplier and EKF where both parties will take active part. The deadline for implementation is December 2020, cf. Appendix 5.
The contract contains an option of 2 x 1 year extension.
Section III: Legal, economic, financial and technical information
The tenderer must submit the European Single Procurement Document (‘ESPD’) with the following information:
The tenderer's equity in the most recent financial year available.
If the tenderer relies on the economic and financial capacity of other entities, the tenderer and the entities in question undertake joint and several liability for the performance of the contract.
The ESPD serves as provisional documentation that the tenderer 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 following documentation of economic and financial capacity must be submitted:
the operator's balance sheets or extracts from balance sheets in the most recent 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 most recent 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.
As a minimum requirement, a positive equity in the most recent annual report/financial statement available is required. If the tenderer 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 most recent 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 most recent annual report/financial statement available. The information is to be stated in section IV.B of the ESPD.
The 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.
Section IV: Procedure
Section VI: Complementary information
Participation in the tendering procedure may only take place by electronic means via the electronic tendering system used by the contracting entity, see the address set out in section I.3). For access to the procurement documents, the tenderer must be registered or register as a user.
If the tender 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. Questions must be submitted not later than 25 March 2020. Questions asked after this date will be answered if they are received in time for the contracting entity to provide the information required and communicate the answers not later than 6 days before expiry of the application deadline. Questions received later than 6 days before expiry of the deadline cannot expect to be answered.
Interested operators are requested to keep updated via the electronic tendering system. If the tenderer encounters problems with the system, please contact support by e-mail, firstname.lastname@example.org, or telephone (+45) 70208014.
The tenderer must together with its tender submit an ESPD as preliminary documentation of the circumstances set out in section 148(1), paras (1) to (3) of the Danish Public Procurement Act (udbudsloven). For groups of operators (e.g. a consortium), a separate ESPD must be submitted for each participating operator. If the tenderer relies on the capacities of other entities, an ESPD must be submitted for each of the entities on which the tenderer relies.
The tenderer will be excluded from participation in the tender procedure if the tenderer is subject to the compulsory grounds for exclusion set out in sections 135 and 136 of the Danish Public Procurement Act, unless the tenderer has submitted sufficient documentation of its reliability in accordance with section 138 of the Danish Public Procurement Act.
Before the decision to award the contract 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 regards section II.2.6), it should be noted that the amount is an estimate of the expected contract price for the entire duration of the contract, including the price of all options. The estimate is based on the historical consumption of the present treasury management system over the last 6 years.
As regards section II.2.7), the duration of the contract shall be measured from the acceptance date as defined and specified in the Contract and Appendix 5.
During the tender there will be held presentations meeting where tenderers will be given the opportunity to present their tender. The meetings will be carried out in accordance with section 6 of the tender specifications.
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 procurement documents.
Internet address: https://klfu.naevneneshus.dk/
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 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 where 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 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 section 12(1) of the Act.
The e-mail 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/vejledning/
Internet address: http://www.kfst.dk