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Denmark-Copenhagen: Foreign economic-aid-related services
Section I: Contracting authority
Section II: Object
Technical Assistance in relation to projects for Danida Sustainable Infrastructure Finance
Technical assistance in relation to Danida Sustainable Infrastructure Finance (DSIF) projects.
DSIF is a department of the Investment Fund for Developing Countries (in Danish “Investeringsfonden for Udviklingslande”). DSIF provides subsidized loans to infrastructure projects in developing countries – preferably above 100.000.000 DKK. The framework agreement is established to provide DSIF with the possibility to invite the suppliers of the framework agreement to submit proposals for individual assignments in relation to technical assistance to DSIF projects.
Denmark and countries eligible for DSIF loans
This contract notice concerns the award of five parallel framework agreements concerning technical assistance to DSIF projects. Under the framework agreements, contracts regarding individual assignments will be awarded after reopening of the competition for each assignment.
The expertise needed for the individual assignments under the framework agreement will among others include financial, socio-economic, and institutional expertise combined with engineering services for the below range of services, having IFC Performance Standards and sustainability as cross-cutting issues.
The nature of services comprise:
Project preparation phase
I. Identification of infrastructure projects;
II. Preparation of programme document including draft result’s framework and draft Terms of Reference for feasibility study.
III. Preparation of feasibility study.
IV. Preparation of project document for presentation to the Danida Council for Development Policy and approval by the minister
V. Project appraisal.
VI. Monitoring of projects according to the results framework.
VII. Project/Engineer’s monitoring (regular review)
VIII. Review of project
IX. Other studies;
X. Technical assistance to project management Unit Buyer/End User.
XI. Support to DSIF during the phase of establishment of the loan agreement
XII. Ad hoc support to DSIF and/or partner institution.
The above services are carried out in English-, French-, and Spanish-speaking countries.
Some of the assignments are short-term assignments; others cover several years but are not full-time.
The services will primarily cover one or more of the below professional sectors:
• Water and wastewater
• Climate and Energy
• Other sectors
For more information regarding the services, reference is made to the framework agreement including its appendices.
The shortlisting of candidates invited to tender will be based on an evaluation of which candidates have documented the most relevant deliveries, see section III.1.3), of the services covered by the framework agreement, see the description in sections II.1.4) and II.2.4).
The evaluation of the most relevant deliveries will be made on the basis of the extent to which the references document experience with delivery of comparable services.
In the evaluation of which candidates have documented the most relevant deliveries of comparable services, the extent to which the references, in total, document relevant experience in delivering the services specifically required will be considered.
In deciding which references document delivery of comparable services, preference will be given to deliveries that has been carried out within the professional sectors “Water and wastewater” and “Climate and Energy”, cf. section II.2.4). Furthermore, preference will be given to deliveries that covers “Project preparation phase” and “Monitoring”, cf. section II.2.4), and has been carried out in the languages stated in section II.2.4).
As regards section II.2.9) it should be noted that each candidate may only submit one application for prequalification.
Section III: Legal, economic, financial and technical information
The candidate must submit the European Single Procurement Document ("ESPD") with the following information:
The candidate's total annual turnover in the three latest financial years available.
The documentation and minimum requirements concerning financial information stated below concern and are only relevant to the award of the framework agreement. Once the framework agreement is awarded, no further documentation in this respect will be required when awarding a contract under the framework agreement.
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 tenderer to whom the contracting entity intends to award the framework agreement 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 total turnover in the three most recent annual reports/financial statements available, depending on when the operator was set up or started trading, if the figures for this turnover are available. For groups of operators (e.g. a consortium), the information in the three most recent annual reports/financial statements 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 total annual turnover of at least DKK 10 million is required in each of the three latest annual reports/financial statements 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 each of the three latest annual reports/financial statements available. For groups of operators (e.g. a consortium), the turnover is calculated as the total turnover of the operators in each of the three latest annual reports/financial statements available. The information is to be stated in section IV.B of the ESPD.
The candidate must submit the ESPD with the following information:
A list of the 5 most relevant comparable services, see sections II.1.4) and II.2.4), that the candidate is performing or has carried out in the latest 3 years before the expiry of the deadline for application.
Both references relating to ongoing services and services carried out at the time of application will be given importance in the evaluation of which candidates have documented the most relevant deliveries, see section II.2.9) and in the evaluation of whether the minimum requirements regarding technical and professional capacity have been complied with, see below.
The references and minimum requirements in this respect stated below concern and are only relevant to the award of the framework agreement. Once the framework agreement is awarded, no further references will be required when awarding a contract under the framework agreement.
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 set out in sections II.1.4) and II.2.4) to which the delivery 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), 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 finalisation 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). If the list contains more than 5 references, only the first 5 deliveries on the list will be considered. Deliveries beyond this number 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 framework agreement, see section II.2.4), such specific parts of the services under the framework agreement must be performed by the entity on which the candidate relies.
The ESPD serves as provisional documentation that the candidate fulfils the minimum suitability requirements in respect of technical and professional ability, see section III.1.3) and the candidate's compliance with the selection criterion, see section II.2.9).
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.
Minimum 2 references covering feasibility studies for infrastructure projects within one or both of the professional sectors “Water and wastewater” and “Climate and Energy”, cf. section II.2.4).
The framework agreement 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 Cir-cular no. 9471 of 30 June 2014.
The framework agreement lays down requirements on compliance with the law on processing of personal data.
If the framework agreement 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.
Section IV: Procedure
Section VI: Complementary information
Participation may only take place by electronic means via the electronic tendering system, see the address set out in section I.3). For access to the procurement documents, the candidate must be registered or register as a user. The latest uploaded version of the application 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 20 September 2021. 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 six days before expiry of the application deadline. The candidate must as its application 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) (DPPA), and section 137(1) para 1 and para 3 of the DPPA. 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. In this procedure, the candidate may rely on the technical and/or financial capacity of other operators to fulfil the suitability requirements stated in section III.1.2) and III.1.3), including for the purpose of selection, see section II.2.9). The candidate will be excluded from participation in the tender procedure if the candidate is subject to the compulsory grounds for exclusion set out in sections 135 and 136 of the DPPA, and the exclusion grounds stated in the DPPA, section 137(1), para 1 and para 2 and para 3 unless the candidate has submitted sufficient documentation of its reliability in accordance with section 138 of the DPPA. The voluntary grounds for exclusion are applied while complying with the principle of proportionality. Before the award decision is made, the tenderer to whom the contracting entity intends to award the framework agreement must provide documentation of the information submitted in the ESPD pursuant to sections 151-152, cf. section 153 of the DPPA. As regards sections II.1.5) and II.2.6), it should be noted that the estimated value of the framework agreement is DKK 40 – 70 million. The range indicated is based on the uncertainty as to the final value of the framework agreement. The lower limit of the range expresses the contracting entity’s estimate of the framework agreement’s expected minimum value of all contracts awarded in the term of the framework agreement, whereas the upper limit of the range is an expression of the expected maximum value of all contracts awarded in the term of the framework agreement. The contracting entity’s expectations based on the most likely amount of business on the framework agreement are taken into account, as well as the expected uncertainty of this estimate. Essential to the estimated value of the framework agreement will be the volume of projects initiated under the framework agreement. As regards the lower limit, the tenderers are not guaranteed any minimum business on the framework agreement. The contracting entity’s estimate is based on the historical and estimated future expenditure. The contracting entity may use the procedure of section 159(5) of the DPPA if applications or tenders do not comply with the formal requirements of the procurement documents. Regarding section IV.2.4): The request to participate and the offer shall be in the language stated in section IV.2.4, but requested documentation etc. may also be in Danish.
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/