Internet address(es):

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

Address of the buyer profile: https://eu.eu-supply.com/ctm/Company/CompanyInformation/Index/63264

Acquisition of electric locomotives and maintenance services.

DSB intends to acquire new electric locomotives of at least 5.6 MW to gradually replace DSB's existing fleet of ME diesel locomotives. The acquisition consists of an initial purchase of 26 locomotives with an option to purchase 6 additional locomotives in the same configuration. In addition, there is an option to purchase a further 12 locomotives which shall include all equipment required to be able to operate in Denmark and Germany, including automatic changeover. Further technical options are described below. Furthermore, DSB intends to acquire maintenance services for the locomotives for a period of 10 years with options to extend for further 5 years and/or 1 year.

As described in section II.1.4), the procurement has two main components; firstly acquisition of electric locomotives (described in ‘the Purchase Agreement’) and secondly maintenance services for the electric locomotives (described in ‘the Maintenance Agreement’). The two agreements are interconnected and should be seen as a whole. Thus, the procedure for the tender of the two agreements is the same. Award will take place for both agreements at the same time in accordance with the common award criteria, cf. section II.2.5) and the details in the tender documents, and both agreements will be awarded to the same tenderer.

The electric locomotives will be used to haul or propel double deck coaches currently operating in Denmark. The locomotives shall be capable of producing at least 5.6 MW traction power from both a 25 kV 50 Hz and a 15 kV 16 2/3 Hz overhead power supply system. The locomotives shall include space and power supply provision for possible later installation of additional equipment to allow unrestricted operation into Sweden and Germany (with the addition of further equipment).

The supplier will be responsible for obtaining all necessary authority approvals for the operation of the locomotives.

There is an option for purchase of further 6 locomotives of the same configuration. There is also an option to purchase further 12 locomotives, including the equipment required to allow operation in Germany.

Delivery of the initial 26 locomotives is expected to take place from May 2019 to May 2020 with approximately 2 locomotives per month. 7 locomotives are expected to be delivered and in service operation by 1 December 2019.

The supplier shall be responsible for maintenance of the electric locomotives with the support of DSB Vedligehold A/S's maintenance staff and the use of DSB Vedligehold A/S's depot facilities. The services to be provided include technical support, training, supply of spare parts, planning for and supervision of DSB Vedligehold A/S's maintenance staff, and the performance of overhauls and scheduled and unscheduled maintenance of the locomotives. The maintenance will be performed according to a performance regime with well-defined KPIs to ensure availability and reliability of the fleet. The supplier will be responsible for the fulfillment of the KPIs.

The Maintenance Agreement will have a duration of 10 years with the option for a renewal for further 5 years and/or 1 year, cf. section II.2.4).

If more than the required number of applicants fulfil the minimum requirements, cf. section III.1.2) and III.1.3), the selection of the applicants that will be invited to submit tenders will be based on an evaluation of which applicants have documented the most relevant previous deliveries in comparison to the deliveries described in section II.2.4) above in terms of the nature, comparability and quantity of the previous deliveries, based on the references described in the ESPD in response to section III.1.3). Please note that any ambiguities and/or incomprehensibilities in the information submitted in the ESPD in response to section III.1.3) may be regarded negatively in the evaluation when selecting the limited number of applicants.

The Purchase and Maintenance Agreement will encompass the following options for DSB to exercise at its discretion:

— purchase of 6 additional locomotives;

— purchase of 12 additional locomotives fully equipped for operation in Germany;

— installation of GreenSpeed;

— extension of the maintenance agreement by 5 years;

— extension of the maintenance agreement by 1 year.

The applicant is required to show that the applicant is financially robust and thus able to undertake the performance of the agreements.

For this purpose, the applicant must submit a completed version of the European Single Procurement Document (ESPD), including Part IV, section B, which shall contain information concerning the financial ratios and total annual turnover described below (A — D).

In order to be taken into consideration for prequalification, the applicant must meet the following minimum requirements as an average of the last 3 financial years:

(A) A solvency ratio of at least 20 % — calculated by dividing equity with total assets (equity/total assets*100).

(B) A profit ratio (EBITA) of at least 5 % — calculated by dividing EBITA with Net Revenue (turnover) (EBITA/turnover)*100).

(C) A debt ratio of under 4 — calculated by dividing Net Interest Bearing Debt with EBITDA (Net Interest Bearing Debt/EBITDA).

(D) A total annual turnover of at least 350 000 000 EUR.

DSB will calculate the average solvency ratio, profit ratio, debt ratio and total annual turnover based on the information given in Part IV, section B of the ESPD.

If the applicant is relying on the capacity of 1 or more other entities the solvency ratio, profit ratio, debt ratio and turnover will be calculated on the basis of the combined financial figures of the applicant and the supporting entities. This means, in relation to solvency ratio for instance, that the calculation will be based on the combined total equity of the applicant and the supporting entities calculated as an average of the last 3 years and the combined total assets of the applicant and the supporting entities calculated as an average of the last 3 years (solvency ratio = average combined total equity / average combined total assets).

If the applicant and the supporting entity/entities have consolidated financial statements, the calculations of the solvency ratio, profit ratio, debt ratio and turnover will be based on such consolidated financial statements; in this case, the applicant and supporting entities should provide the information necessary in the ESPD to allow for correct calculations.

The applicant must prove that the necessary resources from the supporting entity/entities will be made available to the applicant, for example by producing an undertaking on the part of those entities to that effect, cf. Enclosure D to the Tender Conditions. If the applicant is awarded the agreements, the supporting entity/entities shall undertake joint and several liabilities and co-sign the agreements.

If the applicant is a group of economic operators (e.g. a consortium), the solvency ratio, profit ratio, debt ratio and turnover will be calculated in the same manner as applicants with 1 or more supporting entities, i.e. on the basis of the combined financial figures of the participating economic operators.

If any of the participating economic operators 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 applicants to provide documentation for their fulfillment of the minimum requirements concerning financial and economical standing after pre-qualification. Further information is provided in the tender material. The documentation shall be audited financial statement for the 3 latest financial years, depending on the date on which the applicant's undertaking was set up or the applicant started trading, where publication of financial statements is required under the law of the country in which the applicant is established. By ‘financial year’ is meant either a calendar year (1.1.-31.12.) or a season (e.g. 1.7.-30.6.).

The applicant must submit the European Single Procurement Document (ESPD) including the following information:

Part IV, section C concerning deliveries of locomotives and maintenance services provided over the past 10 years.

The description concerning locomotives should include information regarding the delivered locomotives, especially regarding amount and characteristics of the locomotives (AC, MS, amount of axels etc.) and homologation (date and legal regime).

The description concerning maintenance services should include information regarding the maintenance services performed, especially regarding the scope of services (scheduled/unscheduled maintenance, spare parts supply, management tasks etc.), resources (depot used, work force deployed, split of tasks between the client and the applicant), and fleet size and characteristics of the vehicles covered by the maintenance services.

Furthermore, for both locomotives and maintenance services the following should be stated: contract value (in the ‘amounts’ section), delivery dates and duration of the contract (in the ‘dates’ section) and the recipient including contact information (incl. telephone number and e-mail) for relevant contact person to validate the reference (in the ‘recipient’ section).

The applicant can state 5 references concerning locomotives and 5 references concerning maintenance services. If the same reference covers both delivery of locomotives and maintenance services the reference will count as one locomotive reference as well as one maintenance service reference.

The references will also be used in the assessment for choosing the limited number of candidates, cf. section II.2.9).

DSB does not intend to ask the applicants to provide further documentation for their fulfilment of the minimum requirements concerning technical and profession ability after pre-qualification.

In order to be taken into consideration for prequalification the applicant must meet the following minimum requirements:

(I) The applicant shall have delivered at least 20 AC or MS (AC/DC) 4-axle electric mainline locomotives with standard gauge (1435 mm), within the last 10 years. The term ‘delivered’ is to be understood as the time when the locomotives have been handed over to the recipient(s) and are running in revenue service without any restrictions.

(II) The applicant shall have achieved homologation without restrictions or time-limit of at least one electrical mainline locomotive in accordance with TSI Loc&Pas 2011 or later in an EU/EEA member state.

(III) The applicant shall have provided maintenance services for passenger transport vehicles (e.g. locomotives, trains, metro or busses etc.) including technical support and spare parts supply within the last 10 years. It is not necessary that the provision of these services are covered by one reference, wherefore the applicant may e.g. submit one reference covering maintenance services including technical support and one reference covering spare parts supply (or the applicant may provide a single reference that covers all the above mentioned services).

If the application is submitted by a joint group of economic operators (e.g. a consortium) the minimum requirement must be fulfilled by the joint group of economic operators as a whole, e.g. the minimum requirements can be fulfilled by a consortium consisting of two economic operators (‘X’ and ‘Y’) where economic operator ‘X’ fulfils requirement (I) and (II) above and economic operator ‘Y’ fulfils requirement (III). The same applies in the situation where an applicant is relying on the capacity of one or more other entities.

If the applicant is relying on the capacity of one or more other entities, the applicant must prove that the necessary resources from the supporting entity/entities will be made available to the applicant, for example by producing an undertaking on the part of those entities to that effect, cf. Enclosure D to the Tender Conditions.

The applicant may only rely on the capacity of another entity in regard to technical and professional ability where the latter will perform the services for which these capacities are required.

The supplier is expected to provide a parent company guarantee as well as a payment guarantee and a performance and warranty guarantee, however, DSB's requirements regarding these guarantees may be subject to negotiations during the tender procedure.

Reference is made to the tender documents with regard to the payment terms.

No special legal form is required. If the agreements are awarded to a group of economic operators (e.g. a consortium) the participants are required to undertake joint and several liabilities, to co-sign the agreements and to appoint one economic operator to represent the group.

(1) Concerning the European Single Procurement Document (ESPD):

The applicant shall complete and submit the electronic ESPD which serves as preliminary evidence of fulfilment of the conditions for participation in the tender procedure, including the grounds for exclusion. DSB reserves the right, at any time during the tendering procedure, to request an applicant to provide documentary proof, cf. Section 151 of the Danish Procurement Act (Act no 1564 of 15/12/2015), if required to ensure the proper execution of the procedure. In this situation, DSB will set an appropriate deadline for the submission of documentation. DSB intends to ask the applicants to provide documentation concerning financial and economical standing after prequalification. Before awarding the agreements, the tenderer to whom DSB intends to award the agreements must provide documentation concerning the information in the ESPD, cf. Section 153 of the Danish Public Procurement Act. Further information on the submission of such documentation is included in the tender documents.

DSB have prepared the electronic ESPD for the economic operator to fill out. The ESPD will be uploaded as an xml- file to EU-Supply. Further description concerning the request for prequalification, completion of the ESPD and documentation is included in Enclosure C to the Tender Conditions.

(2) Where information or documentation to be submitted by economic operators is or appears to be incomplete or erroneous, or where specific documents are missing DSB may request the economic operators concerned to submit, supplement, clarify or complete the relevant information or documentation within an appropriate time limit, all in full compliance with the principles of equal treatment and transparency.

(3) The duration indicated in section II.2.7) is the expected time-frame for the delivery of locomotives as well as the duration of the Maintenance Agreement of 10 years, however not including the calling of the options for extension of the Maintenance Agreement.

(4) The figure stated in section II.2.6) is an estimate (including all options).

(5) An economic operator can only submit one (1) application to participate. ‘Economic operator’ shall be defined as a single economic operator or a group of economic operators (e.g. consortium).

(6) Questions concerning the application for participation can be submitted via EU-Supply, where answers will also be made available. Applicants are encouraged to keep updated on this website.

(7) During the negotiation process (before or after the negotiations) DSB reserves the right to reduce the number of tenderers to 2 or 3, based on DSB's evaluation of the indicative offers (INDO1 or INDO2, INDO3 etc.) in accordance with the award criteria, cf. IV.1.4). Further information is contained in the tender material.

(8) Please note that the signing of the agreements is subject to political approval of the project, including final approval of the funding of the project from the Finance Committee of the Danish Parliament.

(9) Please note that the ownership of the locomotives may be transferred to one or more companies ultimately owned by DSB and — then — leased to DSB and/or to another train operator.

(10) DSB has conducted preliminary market consultations in order to prepare the procurement. DSB has drafted a report from these market consultations summarizing DSB's findings which is available at http://www.dsb.dk/om-dsb/virksomheden/rapporter-og-regnskab/.

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

Pursuant to Danish Act no 492 of 12.5.2010 with subsequent amendments on the Complaints Board for Public Procurement, complaints regarding a candidate not being prequalified must be filed with The Complaints Board for Public Procurement within 20 calendar days starting the day after the contracting authority has sent notification to the candidates involved, if the notification includes a short account of the relevant reasons for the decision.

Complaints regarding other decisions related to the tender must be filed with The Complaints Board for Public Procurement within 45 calendar days after the contracting authority/entity has published a contract award notice in the Official Journal of the European Union (with effect from the day following the publication date).

The complainant must inform the contracting authority/entity of the appeal in writing at the latest simultaneously with the lodge of the complaint to The Complaints Board for Public Procurement. The complainant shall state whether the complaint has been lodged in the standstill period. If the complaint has not been lodged in the standstill period, the complainant must also state whether it is requested that the complainant is granted delaying effect.

Internet address:www.kfst.dk