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Denmark-Taastrup: Transport systems consultancy services
Contract notice – utilities
Section I: Contracting entity
Section II: Object
Multi-disciplinary Consultancy Services for Copenhagen Future Rail Network
With this tender DSB seek one consultant to deliver multi-disciplinary consultancy services to assist DSB with replacing the current semiautomatic S-train system with a fully automated S-train system. This includes tender for new S-trains as well as upgrading the current infrastructure, safety system, passenger information systems, etc. to a full scale GoA4 operation. As part of the automation programme also a restructuring of the organisation around the Copenhagen S-bane will take place. The existing S-train fleet will reach its planned technical end-of-line in the years 2026-36. From 2028 and app. 10 years ahead new driverless S-trains must therefore be set in operation in parallel with the current conventional S-trains are being phased out of operation. Transforming the 85-year-old railway for a driverless system constitutes a highly complex and extensive conversion programme.
DSB tender out a non exclusive frame work agreement without a guaranteed minimum spend. The consultant shall assist DSB in delivering the below mentioned main components of the programme and in achieving a smooth S-train transition over the next app. 20 years provided both prolongation are exercised. The vision for the S-network is to deliver attractive mobility for customers to accommodate the population growth in the Danish capital region while securing financial and sustainable efficiency.
Main components are:
1) Tender, test and roll out of new automatic EMU fleet and automation. It is expected to tender out design, provision and technical integration of automated fleet and equipment and essential parts thereof and technology to support automated operation and essential parts of its maintenance. The expected technology to support automated operation in question will be e.g. passenger information system, train and platform monitoring and communication between passengers and the control room.
2) Analysis, tender, test and roll out of obstacle detection system (ODS) and platform safety systems. It is expected to tender out relevant obstacle detection systems, including all platform components, SCADA systems and fencing at platforms and lineside allowing safe and punctual operations without train drivers in an automated train system in a brownfield network (172 km/84 stations/200 platforms.
3) Tender and management of changes to and maintenance of the existing infrastructure. Procurement, management and implementation of new infrastructure elements and/or upgrades of the existing infrastructure. This includes signaling, passenger information, rail systems, depots, platform adjustments, stabling facilities, etc. and operational procedures allowing for a GoA4 operation and procurement of maintenance of new and existing infrastructure.
4) Develop and manage a system design and necessary integration. This includes engineering of the entire S-train system and building of a solid operational and commercial concept and ensuring the impact is distributed correctly to the different parts of the engineering organisation.
5) Building and implementation of a new organisation. This includes to plan, develop and manage the potential reorganising of the current set up on the public side by creating one public entity where today two parties exist (infrastructure manager/railway operator) including stakeholder and business change management.
6) Plan and deliver a smooth transition.
It is foreseen that the actual transition period will be up to 10 years where the S-train system will transfer from GoA2 mode (STO) to GoA4 mode (UTO). Managing the entire transition to ensure stable service offerings to travellers without performance drops throughout the transition phase will require thorough planning across all main components. See also Schedule 4 Programme and work description. All this requires consultancy services within a wide range of service areas. The service areas are described in Schedule 5 services and expertise. Please note that the final strategy and scope for the programme await political decision. Hence, the exact number of completed tenders and the timeframe for tenders covered by this contract has not been finally decided, but DSB expects that tenders of automated rolling stock and obstacle detective system are to commence immediately after contract signature. Please note that the current programme plan anticipates this contract to commence in December 2020. However a number of currently ongoing activities are being affected by the COVID-19 situation and other activities are at risk. Seen together this situation might result in a later commencement of this contract and push the start date from December 2020 to Q1 2021, cf. Schedule 4.
DSB is entitled to order an extension of the duration of the contract by 6 years (option 1) and another 6 years (option 2).
The shortlisting of candidates invited to tender will be based on an evaluation of which candidates have documented the most relevant references of multi-disciplinary consultancy services, see section III.1.3) and appendix I references template, of the main components, cf. section II.2.4 and service areas, cf. Schedule 5 services and expertise. The evaluation of the most relevant multi-disciplinary consultancy services will be based on the extent to which the references document experience with delivery of the main components and service areas of the programme, cf. sections II.1.4) and II.2.4) and Appendix I references template, comparable in terms of scope, customer, volume and complexity and based on the extent to which the reference documents experience with systematic and comprehensive quality assurance of delivered services and the age of the reference (newer references are preferred to older references). The assessment of which candidates have documented the most relevant references will be based on an overall assessment of whether all references together document a high degree of relevant experience, see above. In case two or more candidates is equally assessed, DSB will prefer references which document experience with delivery of many of the main components and service areas compared to references which document experience with delivery of fewer main components and service areas. See also section III.1.3) and Appendix I references template for requested information about the references.
An early information meeting has been conducted prior to this call for tenders. Relevant material from this information meeting is also accessible in EU-supply. As regards section II.2.9) it should be noted that each candidate may only submit one application for pre-qualification.
Section III: Legal, economic, financial and technical information
The candidate must submit a completed version of the European Single Procurement Document (‘ESPD’), including Part IV, section B, with the following information:
1) the EBIT margin (EBIT/Turnover * 100) in the last 3 financial years available;
2) the solvency ratio (equity to total assets ratio) in the last 3 financial years available;
3) the total annual turnover in the last three financial years available.
If the candidate relies on the economic and financial capacity of other entities, DSB requires that the candidate and the entities in question undertake joint and several liability for the performance of the contract.
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 DSB intends to award the contract must submit documentation that the information stated in the ESPD is accurate.
Upon DSB's request, the following documentation of economic and financial capacity must be submitted.
1) 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 operator was set up or started trading, if the information on these turnovers and the figures for EBIT are available. For groups of operators (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) 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 operator was set up or started trading, if the figures for equity and assets are available. For groups of operators (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.
3) Total annual turnover: a statement regarding the candidate’s total turnover in the last 3 financial years available, depending on the date when the operator was set up or started trading, if the information on these turnovers is available. For groups of operators (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.
Following minimum requirements must be met at the time of the pre-qualification as an average of the last 3 financial years prior to the deadline for submission of application for pre-qualification.
1) An EBIT margin of at least 5 % — calculated by dividing EBIT with turnover, calculated as a percentage: (EBIT/turnover * 100) = EBIT margin.
2) A solvency ratio of at least 20 % — calculated by dividing equity with total assets: (equity/total assets * 100) = equity to total assets ratio.
3) A total annual turnover of at least EUR 12 000 000. 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 ‘sub-group’ 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 ‘sub-group’ of companies. If the candidate is relying on the capacity of one or more other entities the turnover, EBIT margin and solvency ratio will be calculated based on 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 one or more supporting entities, i.e. based on 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 candidates 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 official 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).
The candidate must submit the ESPD with the following information:
A list of (up to) the 12 most significant comparable multi-disciplinary consultancy services contracts, see sections II.1.4) and II.2.4), that the candidate has carried out in the last 10 years before the expiry of the application deadline. DSB has uploaded a template for how to state the information of references in the ESPD, cf. Appendix I. It also appears from Appendix I, which service areas are associated to which main components. The references should be listed after relevance with the most relevant first. Only references relating to services carried out at the time of application will be given importance in the evaluation, see section II.2.9). Hence, in the case of an ongoing task, only the part of the service already performed at the time of application will be included in the evaluation of the reference. Each reference is requested to include a description of the consultancy services delivered, including how the subject of the reference is relevant for and comparable to the main components of the programme and associated service areas, cf. section II.1. 4) and II.2.4, Schedule 5 and Appendix I and how the candidate assured quality of the services, including how the candidate assured mutual compliance between several and different services and how the candidate assured the services compliance with the objectives of the project. Furthermore the reference shall include the following information: name of the customer, name of the project, total budget for the project, the country were the work was done, start and end date for the project, the customer industry, the delivery organisation and the candidate's role(s) in the contribution to the project (e.g. sole advisor, subcontractor, etc. If the candidate contributed as subcontractor or as a participant in a group, the candidate shall further explain what the candidate's services and roles were); for references with main components comparable to main components No 2, 3 and 6, the candidate shall state if the project is a greenfield or and brownfield project or a combination hereof. If a combination hereof, the candidate shall explain the distribution thereof; start and end date of referred contract; the amount in Euro of advisor's fee and invoiced number of hours spent working on the project. No more than 12 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 12 references are stated, only the first 12 references will be considered. Any additional references will be disregarded. If it is not possible to decide which references are the first 12, the references will be selected by drawing lots. The references must all together only fill 120 000 keystrokes. Only the first 120 000 keystrokes will be considered. Any additional keystrokes will be disregarded. If the candidate relies on the professional experience of other entities for the performance of specific parts of the services comprised by the contract, see section II.2.4), 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 for the candidate's compliance with the selection criterion, see section II.2.9). Before the decision to award the contract is made, the tenderer to whom DSB 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, DSB reserves the right to contact the candidate or the customer stated in the reference for confirmation of the information stated in the reference, including the dates of the references indicated.
Financing conditions and payment arrangements is stated in the procurement documents.
Reference is furthermore made to the electronic invoicing required and the option of ordering electronically pursuant to (Consolidated) Act No 798 of 28 June 2007 about payment to public authorities, etc., as amended. The consolidated act is available (in Danish) at www.retsinformation.dk
No specific legal form is required. If the order is awarded to a group of economic operators (e.g. a consortium), each participant of the group must assume joint and several liability and appoint a joint representative.
The contract has incorporated the corporate social responsibility considerations, as appropriate, as laid down in the conventions based 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. Please see the tender specifications appendix D Additional Information regarding requirement categorisation of the contract documents. 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 negotiable requirements.
Section IV: Procedure
Section VI: Complementary information
Participation may only take place via the electronic tendering system, see section I.3). The procedure may be accessed under the tab ‘Ongoing public invitations to tender’. 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, including questions and answers, must take place through the electronic tendering system. DSB would prefer that questions regarding pre-qualification are submitted latest 27 May 27 2020. Interested operators are requested to keep updated via the electronic tendering system. If the candidate encounters problems with the system, please contact support by email, email@example.com or telephone (+45) 70208014. The candidate must submit as its application an ESPD as preliminary documentation of the circumstances set out in s. 148(1), paras (1)-(3) of the Danish Public Procurement Act (DPPA), cf. s.11 of Ministerial Order No 1624 of December 15, 2015. The ESPD is to be completed directly in the electronic tendering system. The candidate shall in Part II, Section A, of the ESPD reply to if the candidate is participating in the procurement procedure together with others (e.g. a consortium). For groups of operators (e.g. a consortium), a separate ESPD must be submitted for each participating economic operator. In addition, a signed consortium declaration shall be submitted as part of the application, declaring that each operator in the consortium is jointly and severally liable, directly and unconditionally, to DSB for any obligation in relation to the consortium’s tender. The candidate is encouraged to use the template in Appendix A uploaded in EU-supply. If the candidate relies on the capacity of other entities, an ESPD must be submitted for each of the entities on which the candidate relies. In addition, a support declaration from each supporting entity must be submitted as part of the application, declaring that capacities will be made available to the candidate. Where the candidate relies on the capacities of other entities regarding the criteria relating to economic and financial standing the supporting entity/entities shall undertake joint and several liability, directly and unconditionally, with the candidate if the candidate is awarded the contract. The candidate is encouraged to use the template in Appendix B uploaded in EU-supply. 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 DPPA, cf. s.10, para. (1) of the Ministerial Order, unless the candidate has submitted sufficient documentation for its reliability, cf. s.138 of the DPPA, cf. s.10(1), para. (2) of the Ministerial Order. 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 s. 151 and 152(3), cf. s. 11 of the Ministerial Order. DSB intends to ask for documentation after pre-qualification. The procurement is conducted subject to political decision, cf. II.2.4) and the achievement of the necessary funding basis. DSB reserves the right to conduct the negotiations in several stages for the purpose of limiting the number of tenders for negotiation. Please note, that the estimated value stated in section II.1.5) is based on others programme cost and is DSB’s best estimate of the maximal contract value at the time being, however the actual maximal contract value can turn out to be higher than the estimated contract value primarily due to challenges regarding DSB’s ability to recruit the needed internal staff, uncertainties due to the fact that the final strategy and scope for the programme is not yet politically decided and due to uncertainties regarding the extent of needed infrastructure work and chosen organisation.
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.
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 DSB has published a notice in the Official Journal of the European Union that DSB 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 DSB 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 DSB entered into a framework agreement calculated from the day after the day when DSB notified the candidates and tenderers concerned, 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 DSB 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://klfu.naevneneshus.dk/