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Denmark-Copenhagen: Road-marking equipment
Section I: Contracting authority
Main address: https://sundogbaelt.dk/
Section II: Object
Acquisition, Implementation and Maintenance of ANPR Enforcement Systems
Negotiated procedure for the procurement of a framework agreement and contract for the acquisition, implementation and maintenance of ANPr enforcement systems. The framework agreement will concern the acquisition of ANPR enforcement systems, education/training and documentation as well as certain services related to support and maintenance of the system.
In the contract notice Section II.2.4) the requested solution is further described, and the tender documents include a description of the project in further detail.
The supplier’s deliverables under the framework agreement are to be delivered as 2 main types of deliveries:
(ii) ‘Maintenance contract(s)’.
The framework agreement includes ANPR enforcement systems for different enforcement schemes:
(a) time based road user charging scheme (RUC).
Automatic number plate recognition (ANPR) systems including classification for highway free-flow operation supporting roadside vehicle identification, processing and delivery of vehicle passage records to the existing central back-end system.
(b) low emission zone scheme (LEZ).
Automatic number plate recognition (ANPR) systems for low emission zone schemes in urban area supporting roadside vehicle identification, processing and delivery of vehicle passage records to the existing central back-end system.
(c) mobile enforcement solutions to be used for mobile enforcement in both urban areas and on higher density roads like highways and main roads outside the city. The mobile enforcement solution is to be mounted on a vehicle roof and is capable of capturing data on surrounding and passing vehicles while moving or in a stationary position. Mobile enforcement will be used in connection with RUC and LEZ schemes.
(d) section based speed-measuring system with the capability to measure the average speed over a specific road distance by identifying a vehicle on the section entrance and exit.
(e) weigh-in-motion system to control traffic loads allowing high-speed weight measurement of mainly heavy good vehicles and subsequent signalling to allow ultimately diversion from the highway.
The objective is to do a tender for a frame agreement of four (4) years covering acquisition (as per requisitions, however, without any obligations to order any or any certain amounts under the framework agreement) of technical solutions, implementation, commissioning and maintenance agreements for the various schemes, providing possibility for procurement of additional enforcement points during the term of the framework agreement.
The framework agreement will further include support and maintenance contract(s) (‘Maintenance Contract(s)’) after the implementation, including on-site preventive and corrective maintenance of the road side installations various places in Denmark.
Each time S&B issues a requisition for deliverables, the parties shall enter into a Maintenance Contract (Annex L.1) which shall covers such deliverables, if S&B deems it necessary for the deliverables to be covered by a Maintenance Contract.
S&B can choose to let all or only part of the deliverables ordered as per a requisition to be covered by the new/separate Maintenance Contract.
If a Maintenance Contract is already entered into for already ordered (and potentially already delivered) deliverables, S&B can instead decide that such existing Maintenance Contract shall also cover maintenance for (all or only part of) the new deliverables ordered.
The Maintenance Contract(s) entered into shall have a duration of five (5) years, if not terminated earlier.
The limitation of candidates invited to tender will take place after an evaluation of which candidates have documented the most relevant deliveries within the last four (4) years, see Section III.1.3), of the deliveries 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 whether the references document experience with delivery of comparable deliveries in terms of functionally and in terms of volume, supplies and services. The following elements will be taken into consideration:
— does the reference include a fully integrated ANPR enforcement system (development and installation),
— does the reference include vehicle classification,
— does the reference include installation of roadside equipment,
— does the reference include configuration of an operational back office system platform,
— does the reference include services for support and maintenance, including road installation capabilities,
— is the system platform delivered with monitoring by the supplier as a support to the contracting entity,
— is the reference used for either low emission zone, road user charge, and/or speed measurements,
— does the reference include mobile ANPR enforcement,
— is the value of the reference comparable to the delivery in terms of value (amount),
— is the delivery commenced and finalized (handover date of the ANPR-system) recently, and
— is the period of maintenance present or recent?
Please note that any ambiguities and/or incomprehensibilities in the information submitted under Section III.1.3) may be regarded negatively in the evaluation when selecting the limited numbers of candidates.
The road safety feature; hot spot detection solution is a voluntary option.
Sund & Bælt Holding A/S has decided not to divide the framework agreement into lots as this is expected to unduly increase the cost as well as the risk regarding the integration of the different deliveries (incl. software systems) under the framework agreement.
Section III: Legal, economic, financial and technical information
The contracting authority is obliged to exclude an applicant/tenderer from participation in the tendering procedure if the tenderer is subject to the mandatory grounds for exclusion set out in ss.135 and 136 of the Procurement Act. The client will not apply optional grounds for exclusion; see s.137 of the Procurement Act.
Information on exclusion grounds must be stated in the ESPD, Part III ‘exclusion grounds’ in the following section:
Part III.A: ‘Grounds relating to criminal convictions’
Part III.B: ‘Grounds relating to the payment of taxes or social security contributions’
Part III.C: ‘Grounds relating to insolvency, conflicts of interests or professional misconduct’
The entry regarding a conflict of interest due to the tenderer's participation in the procurement procedure
The entry regarding the tenderer's provision of advice or other involvement in the preparation of the procurement procedure
The entry regarding the tenderer's serious misrepresentation, withholding of information or ability to submit supporting documentation.
Reference is furthermore made to the Danish Competition and consumer authority's guide to the European single procurement document regarding the correct completion of the form.
The client reserves the right to initiate a ‘self-cleaning’ procedure if relevant, see s.138 of the Procurement Act.
According to § 144 of the said Act, an applicant may rely on the economic, financial and/or technical capacity of other entities, regardless of the legal nature of the links with the entities.
An applicant who relies on the capacity of other entities shall ensure that the contracting authority receives the applicant’s own ESPD together with a separate ESPD with the relevant information for each of the entities that the applicant relies on. Finally when groups of entities, including temporary joint ventures, participate in the tender procedure together, each of the participating entities must complete a separate ESPD with the information required in Part II-IV.
Prior to a decision on the award of the contract, documentation for the information stated in the ESPD must be produced, cf. §§ 151-155 of the said Act. At any stage of the tender procedure, Sund & Bælt Holding A/S further reserves the right to request an applicant/tenderer to submit documentation, if this is required to ensure that the procedure is conducted correctly.
The candidate must submit the European Single Procurement Document (‘ESPD’) with the following information:
1) The candidate’s annual turnover for the last 3 financial years available, in so far as information on such turnovers is available.
The information shall be stated in the European Single Procurement Document, Part IV.B ‘General yearly turnover’, cf. Section VI.3) below;
2) Information on the company’s equity for the last 3 financial years available.
The information shall be stated in the European Single Procurement Document, Part IV.B ‘Financial ratio’.
If the candidate relies on the economic and financial capacity of other entities, the candidate and the entities in question will be jointly and severally liable for the performance of the contract, see s.144(6) of the Danish Public Procurement Act.
Where an economic operator wants to rely on the capacities of other entities, it shall as part of the application prove to the contracting authority that it will have at its disposal the resources necessary, for example by producing a commitment by those entities
To that effect. If the applicant relies on the economic and financial or technical capacity of other entities the other entity must provide a declaration of support. The declaration of support must prove that the entity in question is legally obliged to the applicant. A form which can be used in this respect is available as part of the tender materiel (Confirmation regarding the capacity of other entity (Form)).
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 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 candidate must submit the following documentation of economic and financial capacity:
(equity): The operator's balance sheet or extracts thereof in the last 3 financial years available if publication of the balance sheet 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 three (3) most recent financial report/financial years 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 also be provided.
(turnover in the last 3 financial years available): a statement regarding the operator's overall turnover in the last 3 financial years available, depending on the date when the undertaking 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 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 also be provided.
Equity: In the event that the applicant’s equity in any of the last 3 years is below zero, the applicant will be excluded. If the candidate relies on the capacity of other entities, the equity is to be calculated as the total of the candidate and such other entities in each of the 3 last financial years available. For groups of operators (e.g. a consortium), the equity is calculated as the total equity of the operators in each of the 3 last financial years available.
Turnover in the last 3 financial years available: as a minimum requirement, a total annual turnover of at least 30 000 000 DKK is required in each of the 3 last financial years available. If the candidate relies on the capacity of other entities, the turnover is to be calculated as the total turnover of the candidate and such other entities in each of the 3 last financial years available. For groups of operators (e.g. a consortium), the turnover is calculated as the total turnover of the operators in each of the 3 last financial years available.
The candidate must submit the ESPD with the following information:
A list of the five (5) most significant comparable deliveries, see Sections II.1.4), II.2.4) and II.2.9), that the candidate has carried out in the last four (4) years before the expiry of the application deadline.
The candidate may support or substitute the text in the ESPD regarding the technical and professional ability with a reference list. Please find a template in the folder at EU Supply ‘Template for reference list’.
Only references relating to supplies 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. Hence, in the event of an ongoing task, only the part of the deliveries already having been performed at the time of application will be included in the evaluation of the reference.
Each reference is requested to include a brief description of the delivery performed. The delivery description should include a clear description of the supplies and services set out in Sections II.1.4), II.2.4) and II.2.9), 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), date of delivery and name of the customer (recipient).
When indicating the date of the delivery, the candidate is requested to indicate the date when the delivery was commenced and finalized as well as the start and end time of maintenance. If that is not possible, e.g. if the tasks were performed on an ongoing basis under a framework agreement, the candidate is asked to specify the circumstances of the date in the description.
No more than five (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 whether the candidate is a group of operators (e.g. a consortium).
If the candidate has stated more than 5 references S&B will only take the 5 most recent references into consideration.
If the applicant relies on the technical and professional ability of other entities the other entity must provide a declaration of support. The declaration of support must prove that the entity in question is legally obliged to the applicant. A form which can be used in this respect is available as part of the tender materiel (Confirmation regarding the capacity of other entity (Form)). If the candidate relies on the professional qualifications or 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 and/or the reference list serves as provisional documentation that the candidate fulfils the minimum suitability requirements in respect of technical and professional capacity, 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 confirmation of the information stated in the reference, including the dates of the reference indicated.
The candidate must with a minimum of one reference demonstrate experience with the delivery of the following elements:
— a fully integrated ANPR enforcement system (design, delivery and installation) used for either enforcement of road user charge, low emission zones or comparable (e.g. Tolling),
— mobile ANPR enforcement solution,
— services for support and maintenance, including road installation capabilities.
The references must overall demonstrate experience with the above mentioned, hence it is not a requirement that one reference documents experience with all of the above mentioned.
The references must have been carried out in the last four (4) years before the expiry of the application deadline.
Reference is made to the tender documents which can be found on the link, cf. Section I.3).
The framework agreement 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 framework agreement furthermore lays down requirements pursuant to ILO Convention No 94 on labour clauses in public contracts and circular No 9471 of 30.6.2014.
The maintenance contract includes social clauses on training and apprenticeship agreements.
The framework agreement lays down requirements on compliance with the law on processing of personal data, including s.3(9) of the Danish Data Protection Act (databeskyttelsesloven).
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). The tendering procedure is accessed under ‘Ongoing public procedures’. 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 in connection with the tender procedure, including questions and answers, must take place through the electronic tendering system. Questions in the pre-qualification period should preferably be submitted not later than the 14th of November. 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 candidate encounters problems with the system, please contact support by e-mail, email@example.com, or telephone (+45) 70208014.
If the candidate finds that there are elements in the framework agreement and/or the appendices of the framework agreement which are inappropriately or undesirable, the candidate may propose a change of the framework agreement/the appendices of the framework agreement according to the procedure set out in section 4. The contracting authority will decide on a case-by-case basis whether the proposed changes will be incorporated.
As regards Section II.1.5) and II.2.6), it should be noted that the amount is an estimate of the expected total value of all agreements under the framework agreement and maintenance contracts, including the price of all options.
As regards Section II.2.9) it should be noted that each candidate may only submit one application for pre-qualification.
Finalization of the tender procedure
The contracting authority is not obliged to award the framework agreement and reserves the right to cancel the tender procedure. Final decision to enter into the framework agreement subject to a political approval. The procurement is conducted subject to the achievement of the necessary funding basis.
The contracting authority reserves the right to award the framework agreement based on the initial tender.
If the contracting authority negotiate, the anticipated progress of the negotiation procedure will take place in successive stages, but the contracting authority will not reduce the numbers of tenders to be negotiated.
The contracting entity will not pay remuneration to the tenderers who participate in the tender procedure.
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 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
Internet address: http://www.kfst.dk