Services - 247256-2019

28/05/2019    S102    - - Services - Contract notice - Open procedure 

Denmark-Copenhagen: Business services: law, marketing, consulting, recruitment, printing and security

2019/S 102-247256

Contract notice

Services

Legal Basis:

Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses
Ministry of Finance
10108330
Christiansborg Slotsplads 1
København K
1218
Denmark
Contact person: Ole Sellmer Sørensen
Telephone: +45 33923333
E-mail: olses@fm.dk
NUTS code: DK

Internet address(es):

Main address: http://www.fm.dk

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=241494&B=KA
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=241494&B=KA
Tenders or requests to participate must be submitted to the abovementioned address
I.4)Type of the contracting authority
Ministry or any other national or federal authority, including their regional or local subdivisions
I.5)Main activity
Economic and financial affairs

Section II: Object

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

Framework Agreement on Financial Advisory Services (1)

II.1.2)Main CPV code
79000000
II.1.3)Type of contract
Services
II.1.4)Short description:

The Contracting Authority wants to enter into a framework agreement regarding provision of financial advice within each of the 2 lots mentioned below:

— lot 2: owner decisions regarding specific transactions in state-owned companies,

— lot 3: ongoing monitoring and deliberations by the state.

The Framework Agreement can be used by the Danish state.

II.1.5)Estimated total value
Value excluding VAT: 66 600 000.00 DKK
II.1.6)Information about lots
This contract is divided into lots: yes
Tenders may be submitted for all lots
II.2)Description
II.2.1)Title:

Lot 2: Owner Decisions Regarding Specific Transactions in State-Owned Companies

Lot No: 2
II.2.2)Additional CPV code(s)
66000000
66100000
66170000
66171000
79200000
79400000
79410000
79411000
79412000
II.2.3)Place of performance
NUTS code: DK
Main site or place of performance:

København K.

II.2.4)Description of the procurement:

The state has full or partial ownership in a number of companies and businesses, etc. Add to this a number of state institutions within the public budgetary system which have activities with business-like characteristics.

Analyses within the area of companies will in a number of cases require external consulting assistance in the form of advice regarding financial issues.

The Contracting Authority wants to enter into a framework agreement regarding provision of financial advice within each of the 2 lots mentioned below:

— lot 2: owner decisions regarding specific transactions in state-owned companies.

As part of its execution of ownership in state-owned companies, the state sometimes needs to consider certain specific transactions by a state-owned company, either because there is a formal requirement for the state's approval, or because the state's approval is required by the state's ownership policy.

Firstly, this applies to the extent that state-owned companies are considering significant transactions, including investments, acquisitions, divestments, etc., which are not within the company's current strategy.

Secondly, this applies to specific proposals for changes to the capital structure of state-owned enterprises, including capital increases as well as capital reductions.

The part agreement covers analyses of the financial and strategic implications for the state as an owner of such specific transactions.

Should a company both submit a bid alone and as part of a coalition of companies, the company must not influence the contents of the coalition's bid or vice versa.

The contracting authority reserves the right to demand that the company gives proof that no such influence has been exercised.

The contracting authority reserves the right to complete the procedure regarding one of the lots although the procedure has not been completed for the remaining lot. The Contracting Authority reserves the right to cancel the procedure regarding 1 or more lots, should the contracting authority not be satisfied that the Framework Agreement regarding 1 or more lot(s) have/has experienced sufficient competition.

The Framework Agreement can be used by the Danish state. When state authorities which are not the Ministry of Finance want to use the Framework agreement, the authority in question shall apply to the Ministry of Finance which shall approve such use.

The estimated value of the Framework Agreement is: range between 33 340 000 and 66 660 000 DKK, see section II.1.5) and II.2.6).

II.2.5)Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
II.2.6)Estimated value
Value excluding VAT: 33 330 000.00 DKK
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 47
This contract is subject to renewal: no
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

Lot No.: 2.

Lot title: 2: owner decisions regarding specific transactions in state-owned companies.

Lot No.: 3.

Lot title: 3: ongoing monitoring and deliberations by the state.

The tenderer may tender for 1 or 2 lots. The tenderer can only submit 1 tender per lot.

II.2)Description
II.2.1)Title:

Lot 3: Ongoing Monitoring and Deliberations by the State

Lot No: 3
II.2.2)Additional CPV code(s)
66000000
66100000
66170000
66171000
79200000
79400000
79410000
79411000
79412000
II.2.3)Place of performance
NUTS code: DK
Main site or place of performance:

København K.

II.2.4)Description of the procurement:

The state has full or partial ownership in a number of companies and businesses, etc. Add to this a number of state institutions within the public budgetary system which have activities with business-like characteristics.

Analyses within the area of companies will in a number of cases require external consulting assistance in the form of advice regarding financial issues.

The Contracting Authority wants to enter into a framework agreement regarding provision of financial advice within each of the 2 lots mentioned below:

— lot 2: owner decisions regarding specific transactions in state-owned companies.

As part of its execution of ownership in state-owned companies, the state sometimes needs to consider certain specific transactions by a state-owned company, either because there is a formal requirement for the state's approval, or because the state's approval is required by the state's ownership policy.

Firstly, this applies to the extent that state-owned companies are considering significant transactions, including investments, acquisitions, divestments, etc., which are not within the company's current strategy.

Secondly, this applies to specific proposals for changes to the capital structure of state-owned enterprises, including capital increases as well as capital reductions.

The part agreement covers analyses of the financial and strategic implications for the state as an owner of such specific transactions.

Should a company both submit a bid alone and as part of a coalition of companies, the company must not influence the contents of the coalition's bid or vice versa.

The contracting authority reserves the right to demand that the company gives proof that no such influence has been exercised.

The contracting authority reserves the right to complete the procedure regarding one of the lots although the procedure has not been completed for the remaining lot. The Contracting Authority reserves the right to cancel the procedure regarding 1 or more lots, should the contracting authority not be satisfied that the Framework Agreement regarding 1 or more lot(s) have/has experienced sufficient competition.

The Framework Agreement can be used by the Danish state. When state authorities which are not the Ministry of Finance want to use the Framework agreement, the authority in question shall apply to the Ministry of Finance which shall approve such use.

The estimated value of the Framework Agreement is: range between 33 340 000 and 66 660 000 DKK, see section II.1.5) and II.2.6).

II.2.5)Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
II.2.6)Estimated value
Value excluding VAT: 33 330 000.00 DKK
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 47
This contract is subject to renewal: no
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

Lot No.: 2.

Lot title: 2: owner decisions regarding specific transactions in state-owned companies.

Lot No.: 3.

Lot title: 3: ongoing monitoring and deliberations by the state.

The tenderer may tender for 1 or 2 lots. The tenderer can only submit 1 tender per lot.

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
III.1.3)Technical and professional ability
III.1.5)Information about reserved contracts
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 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 30.6.2014.

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
Open procedure
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 several operators
Envisaged maximum number of participants to the framework agreement: 10
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: 25/06/2019
Local time: 10:00
IV.2.3)Estimated date of dispatch of invitations to tender or to participate to selected candidates
IV.2.4)Languages in which tenders or requests to participate may be submitted:
English
IV.2.6)Minimum time frame during which the tenderer must maintain the tender
Duration in months: 3 (from the date stated for receipt of tender)
IV.2.7)Conditions for opening of tenders
Date: 25/06/2019
Local time: 10:00

Section VI: Complementary information

VI.1)Information about recurrence
This is a recurrent procurement: yes
Estimated timing for further notices to be published:

Within approximately 47 months.

VI.2)Information about electronic workflows
VI.3)Additional 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). The tendering procedure is accessed under "Ongoing public procedures". 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 11.6.2019. Questions asked after this date will be answered if they are received in time for the contracting authority 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, dksupport@eu-supply.com, or telephone (+45) 70 20 80 14.

The tenderer must submit as its application an ESPD as preliminary documentation of the circumstances set out in section 148(1) paras (1)–(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 capacity 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.

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.

As regards section II.1.5) and section II.2.6), it should be noted that the amount is an estimate of the expected total maximum contract price. In II.1.5) is an estimate of the expected total maximum contract price for all lots in the entire lifetime of the Framework Agreement. In II.2.6) is an estimate of the expected total maximum contract price for the individual lot in the entire lifetime of the Framework Agreement. The distribution of estimated value is stated in section II.2.6) for each individual lot. It should further be noted that the sums stated are an estimate of the total maximum contract price; however, the estimate for the individual lot and thereby the framework agreement in overall terms is based on an estimated range of the expected contract price. The estimated range is the following:

The Framework agreement overall:

— Lot 1 — DKK 33 340 000 — 66 660 000,

— Lot 2 — DKK 16 670 000 — 33 330 000,

— Lot 3 — DKK 16 670 000 — 33 330 000.

As regards section IV.1.3) The Contracting Authority wants to enter into a Framework Agreement with up to 4 financial actors within each lot.

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.

VI.4)Procedures for review
VI.4.1)Review body
Klagenævnet for Udbud
Nævnenes Hus, Toldboden 2
Viborg
8800
Denmark
Telephone: +45 72405600
E-mail: klfu@naevneneshus.dk

Internet address: https://klfu.naevneneshus.dk/

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

Precise information on deadline(s) for review procedures:

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 authority has published a notice in the Official Journal of the European Union that the contracting authority 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 authority 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 authority entered into a framework agreement calculated from the day after the day when the contracting authority 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 authority 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 authority 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 during 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 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 www.erhvervsstyrelsen.dk

VI.4.4)Service from which information about the review procedure may be obtained
Konkurrence- og Forbrugerstyrelsen
Carl Jacobsens Vej 35
Valby
2500
Denmark
Telephone: +45 41715000
E-mail: kfst@kfst.dk

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

VI.5)Date of dispatch of this notice:
23/05/2019