Supplies - 470756-2019

08/10/2019    S194    Supplies - Contract notice - Competitive procedure with negotiation 

Denmark-Hedehusene: Software package and information systems

2019/S 194-470756

Contract notice

Supplies

Legal Basis:

Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses
Official name: Vejdirektoratet (The Danish Road Directorate)
Postal address: Guldalderen 12, Fløng
Town: Hedehusene
NUTS code: DK
Postal code: 2640
Country: Denmark
Contact person: Therese Juul
E-mail: ams-udbud@vd.dk
Telephone: +45 72443388

Internet address(es):

Main address: http://vd.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://lp.vejdirektoratet.dk/EN/roadsector/supplierportal/Pages/ongoingtenders.aspx
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be submitted electronically via: https://www.ibinder.com/External/EnquiryLink.aspx?id=zqrclqnpzp
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
Other activity: Planning, construction and maintenance of the Danish state roads

Section II: Object

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

Procurement of an Asset Management System for the Danish Road Directorate - New tender

II.1.2)Main CPV code
48000000
II.1.3)Type of contract
Supplies
II.1.4)Short description:

The Danish Road Directorate (DRD) is responsible for the planning, the operation, the development and the maintenance of the Danish national road network consisting of 3 700 kilometers of roads and 2 500 structures. The purpose of asset management is to maintain the invested capital where an efficient process require a well supporting it-system. DRD intends to carry through a tender with the objective to procure a new asset management system as a substitution of the current self developed systems.

The Danish Road Directorate therefore wish to enter into a contract concerning delivery, adjustment, implementation, maintenance and support of an asset management system (AMS) delivered as software as a service (SaaS).

See II.2.4) and Procurement Documents for more information.

II.1.5)Estimated total value
Value excluding VAT: 50 000 000.00 DKK
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)
48100000
72000000
II.2.3)Place of performance
NUTS code: DK
II.2.4)Description of the procurement:

The contract concerns a standard AMS. The DRD will subscribe to the supplier’s SaaS services covering:

— The use of the AMS Software including any adjustment,

— Maintenance and support,

— Operation, incl. the infrastructure capacity and resources needed to operate the asset management system,

— In accordance with the SLAs.

In the course of performing the contract, the Supplier shall deliver a standard AMS, including adjustment made to the system to fulfil all the requirements set out in the procurement documents, including but not limited to integration to the DRD's other systems.

The contract covers the implementation of the DRD's assets related to structures and pavements in the asset management system. Moreover, the AMS will be extended to cover all other road related assets, however these assets are not implemented as a part of the initial delivery.

For a further description of the contract, see the procurement documents.

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: 50 000 000.00 DKK
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 60
This contract is subject to renewal: yes
Description of renewals:

2 x 12 months

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:

An economic operator can only submit one [1] application as applicant, but can participate in more than one application as e.g. sub-supplier to another applicant or participant in a group of operators (e.g. a consortium or joint venture).

If the number of applications that meet the minimum requirements exceeds the limit stated above, applicants who are not affiliated corporately are selected.

Limitation of the number of applicants invited to tender will take place after assessment of which applicants have the most relevant contract references, cf. clause III 1.3) in relation to the description of the contract tendered in I.5), II.1.4), II.1.5) and II 2.4).

In the assessment of the relevance of the contract references, it shall be taken into account that customer, content and size of each contract reference are comparable with the contract put out for tender.

In this assessment it will be considered positive to which degree each of the submitted contract references contain the following elements/characteristics:

— the customer in the contract reference operates within road infrastructure,

— the contract concerns road related asset types,

— the contract concerns delivery of a system containing interfaces (API),

— the contract concerns Software as a Service (SaaS) including operations, maintenance and support,

— the contract included the applicant providing strategic counseling concerning asset management.

If less than 5 applicants meet the minimum requirements, the DRD will choose the number of applicants that do meet the minimum requirements and are suitable.

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

As regards section II.1.5), it should be noted that the amount is an estimate of the expected maximum contract sum for the entire duration of the contract incl. the options for renewal of the contract.

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:

Applicants shall in the ESPD submit information about:

— the total annual turnover of the company for the three [3] most recent financial years available (or as long as the economic operator has existed if that period is shorter than 3 years), and

— the equity of the company for the most recent financial year available

The information must be documented by an auditor’s Report or copy of annual accounts upon request from the DRD, cf. VI.3)

If the applicant is a group of economic operators (e.g. a consortium or a joint venture), particulars shall be provided for each economic operator, in that the total sum of the total annual turnover and equity of the participating economic operators must meet the minimum requirement.

If the applicant is an group of economic operators, an authorisation shall be provided for a person, who will be authorised to sign for the group. Furthermore all of the economic operators participating have joint and several liability for the performance of the contract and the group must produce a signed statement of this.

If the applicant is dependent on the capabilities of others (e.g. sub-suppliers), the applicant shall prove that the applicant disposes of the resources necessary from these other entities. This shall be done by the producing of commitment from these entities by way of a statement of joint and several liability. The DRD has drawn up a template for the undertaking of support that the applicant may use.

No further information is requested about other sub-suppliers planned for, on whose economic and financial capability the applicant is not based with regard to meeting the minimum requirement.

Minimum level(s) of standards possibly required:

It is a minimum requirement, that the applicant has:

— a total annual turnover of at least 30 000 000 DKK in each of the three [3] most recent annual reports/financial statements available (or as long as the economic operator has existed if that period is shorter than 3 years), and

— an equity of at least 5 000 000 DKK for the most recent annual report/financial statement available.

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

Applicants shall in the ESPD submit a list of up to three [3] of the applicants most significant equivalent contract references, see I.5), II.1.4), II.1.5) and II 2.4), carried out (commenced, in progress or completed) by the applicant in the course of the last five [5] years from the date stated in IV.2.2).

No more than three [3] references may be stated, irrespective of whether:

— the applicant is a single economic operator, or

— the applicant relies on the technical capacity of other entities, or

— the applicant is a group of operators (e.g. a consortium or joint venture).

If more than three [3] contract references are submitted, the DRD will only take the first three [3] on the list into account in the assessment.

The requirement for references has been extended from 3 to 5 years to ensure sufficient competition, as the DRD has assessed that only a limited number of similar tasks have been carried out within the last 3 year period.

The DRD would prefer that the description of the contract references includes the following information:

— project/contract name,

— a description of the content of the contract and the role undertaken by the applicant in connection with it's performance (including the value of the part of the task for which the applicant was responsible, and information about the applicant's professional contribution to the project),

— name and brief description of customer (including contact details),

— contract sum,

— time of performance of the contract.

The DRD reserves the right to contact the customers of the submitted contract references directly for confirmation of the information stated in the contract reference.

If the applicant relies on the technical capacity of other entities (such as sub-suppliers, a parent company or sister company etc. or other entities in the group), regardless of the legal nature of the links between the applicant and such other entities, the applicant must provide proof that the applicant has at its disposal the necessary resources from such other entities by producing an undertaking from such entities regarding their obligations in this respect. It must be documented that the entities in question are legally bound towards the applicant. The DRD has drawn up a template for the undertaking of support that the applicant may use.

Minimum level(s) of standards possibly required:

As a minimum requirement, the applicant must have documented experience with delivery and adjustment of a asset management system.

III.1.5)Information about reserved contracts
III.2)Conditions related to the contract
III.2.2)Contract performance conditions:
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
Competitive procedure with negotiation
IV.1.3)Information about a framework agreement or a dynamic purchasing system
IV.1.4)Information about reduction of the number of solutions or tenders during negotiation or dialogue
IV.1.5)Information about negotiation
The contracting authority reserves the right to award the contract on the basis of the initial tenders without conducting negotiations
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
Notice number in the OJ S: 2019/S 065-150622
IV.2.2)Time limit for receipt of tenders or requests to participate
Date: 05/11/2019
Local time: 09:00
IV.2.3)Estimated date of dispatch of invitations to tender or to participate to selected candidates
Date: 12/11/2019
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: 9 (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: no
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 iBinder. See the direct link in section I.3). For a description of how to use the system, see the Procurement Specifications (PS), section 5.3.

The applicant must submit as it's application a completed ESPD. The ESPD serves both as as preliminary documentation of the circumstances set out in section 148(1) (i-iii) of the Danish Public Procurement Act (udbudsloven) and information concerning III.1.2) and III.1.3).

For groups of operators (e.g.a consortium or a joint venture), a separate ESPD must be submitted for each participating operator. If the applicant relies on the capacity of other entities (e.g. a sub-supplier), an ESPD must be submitted for each of the entities on which the applicant relies.

For more information on how to fill out an ESPD, see "Guide to completion of the European Single ProcurementDocument (ESPD)".

The ESPD must be accompanied by the necessary declarations of support and authorisations, cf. III.1.2) andIII.1.3).

The applicant will be excluded from participation in the tender procedure if the applicant is subject to the compulsory grounds for exclusion set out in sections 135 and 136 of the Danish Public Procurement Act, and the grounds for exclusion set out in section 137(1) (No 2) of the Danish Public Procurement Act, unless the applicant 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 authority intends to award the contract must provide documentation of the information submitted in the ESPD pursuant to sections151-152, cf. section 153 of the Danish Public Procurement Act.

Questions and answers will be posted on the DRD's website: http://lp.vejdirektoratet.dk/EN/roadsector/supplierportal/Pages/ongoingtenders.aspx under "Procurement of an Asset Management System for the Danish Road Directorate". Posting of questions, answers and any correction sheets/supplementary notifications will follow the guidelines described in the Procurement Specifications (PS), section 4. Please note the time limits described there.

VI.4)Procedures for review
VI.4.1)Review body
Official name: Klagenævnet for Udbud
Postal address: Nævnenes Hus, Toldboden 2
Town: Viborg
Postal code: 8800
Country: Denmark
E-mail: klfu@erst.dk

Internet address: www.klfu.dk

VI.4.2)Body responsible for mediation procedures
Official name: The is no official mediation authority in Denmark
Town: None
Country: Denmark
VI.4.3)Review procedure
Precise information on deadline(s) for review procedures:

Time-limits and procedures for complaints appear from “Danish Complaints Board for Public Procurement”, ActNo. 492 of 12.5.2010, with subsequent changes, most recent consolidating Act No. 593 of 2.6.2016.

A complaint of not being prequalified shall be submitted to the Danish Complaints Board for Public Procurement within 20 calendar days. The time limit is calculated from the day following the day when the DRD has submitted a notification for the candidates concerned of whom has been prequalified. The time limit does not begin until a brief account has been stated in the notification of the relevant reasons for the DRD's decision.

In other situations, complaints about procurement shall be submitted to the Danish Complaints Board for PublicProcurement prior to:

1) 45 calendar days after the client has made public a notice in The Official Journal of the European Union about the DRD having entered into a Contract. The time limit is calculated from the day following the day the notice has been made public;

2) 30 calendar days calculated from the day after the day where the DRD has notified the Tenderers concerned that a contract based on a Framework Agreement with the reopening of the competition or, a dynamic procurement system has been agreed to. It is a precondition for the time-limit to start that the notice contains a brief account for the relevant reasons for the decision.

3) 6 months after the DRD has entered a Framework Agreement, calculated from the day after the day where the client has notified the Candidates concerned and the Tenderers, cf. Danish Complaints Board for PublicProcurement, Section 2(2). Simultaneously, at the same time as a complaint has been submitted to the Danish Complaints Board for Public Procurement, the complainant shall, in writing, notify the client that a complaint will be submitted to the Danish Complaints Board for Public Procurement and, whether the complaint has been submitted in the standstill period, cf. Act on the Danish Complaints Board for Public Procurement,Section 3(1).In cases where the complaint has not been submitted in the stand-still period, the complainant shall indicate, whether a stay of execution of the complaint has been requested for, cf. Act on the Danish Complaints Board forPublic Procurement, Section 12(1).

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: www.kfst.dk

VI.5)Date of dispatch of this notice:
04/10/2019