2.1.1.
Purpose
Main nature of the contract
:
Supplies
Additional nature of the contract
:
Services
Main classification
(
cpv
):
34622000
Railway and tramway passenger coaches, and trolleybuses
Additional classification
(
cpv
):
34600000
Railway and tramway locomotives and rolling stock and associated parts,
34620000
Rolling stock,
50221000
Repair and maintenance services of locomotives,
63711000
Support services for railway transport
2.1.4.
General information
Additional information
:
The Contracting Authority has decided not to divide the task into lots. Based on the financial circumstances, the Contracting Authority has estimated that more favourable prices can be achieved with one overall Contract. Out of consideration for the quality and coherence of the collected assignment for which tenderers are invited, it is found expedient to have one (1) overall Contract, as a division into lots, based on market conditions, is not assessed to give additional enterprises – including SMEs – the opportunity to submit tenders. The Tenderer is requested to seek to clarify any ambiguities and uncertainties by asking questions about the invitation to tender. All questions shall be asked in ETHICS by clicking ‘Send Questions’ under the ‘Communication’ tab. The dialogue box is then filled in with reference and question. By clicking ‘Send’, the question is forwarded to the Contracting Authority. The Contracting Authority answers questions by uploading an anonymized question/answer document, see Appendix 13 – Questions and answers. According to the time schedule in the tender conditions, section 1.9, questions received before the deadline for submission of questions will be answered by the Contracting Authority, whereas questions received after the deadline will only be answered if the nature of the question does not make it disproportionately onerous for the Contracting Authority to answer the question within the response deadline. Questions received later than six (6) whole days before the tender deadline, respectively, will generally not be answered. Technical questions about the use of ETHICS shall be submitted to the support service: +45 70 22 70 07 or by clicking the ‘Customer Service’ icon in ETHICS. Documentation for not being covered by grounds for exclusion If the Tenderer, one or more of the participants in the association or other entities, is/are not from Denmark, the types of documentation stated in e-Certis must generally be produced. E-Certis is an online information system which is to be used to find the right documentation to be used by EU Member States in connection with invitations to tender and procurement procedures. If these countries do not issue the relevant certificates or documents, or if the issued certificates or documents do not cover all the relevant cases, they can be replaced by a sworn declaration. If such a sworn declaration is not used in the country in question, a solemn declaration may be used instead. If the Tenderer, the association’s participants or other entities are from Denmark, the documentation is presented in the form of a service certificate from the Danish Business Authority. The service certificate must contain information from: • The Enforcement Court vs The Danish Court Administration • The Danish Customs and Tax Administration • The Danish Labour Market Supplementary Pension Fund (ATP) • The Police (the Danish Central Crime Register) o Please note that a ‘declaration of consent’ must be filled in, signed and uploaded when ordering the service certificate. The service certificate is ordered from Virk.dk. The service certificate must be maximum 12 months old calculated from the date set by the Contracting Authority as the deadline for the submission of a request for documentation. The processing time with the Danish Business Authority is approximately two (2) weeks from when the order has been received. ESPD Part IV – Selection criteria, documentation of suitability Information provided in the ESPD Part IV – Selection criteria are verified as follows: • Information about key financial figures may be provided through financial statements or the presentation of a declaration about the Tenderer’s turnover, equity and current ratio unless the Contracting Authority can obtain the relevant information directly through access to a national database or the Contracting Authority already has the necessary documentation from previously implemented tendering procedures. • Submission of further documentation is not required for references, but the Contracting Authority reserves the right to obtain confirmation of the correctness of the references from the customers stated in the references. The Contracting Authority reserves the right to cancel the tendering process if funds are not made available to the project from Aarhus Letbanes owners. Investment Screening The Contracting Authority advised tenderers to clarify whether their conclusion of the contract is subject to the authorisation requirement under the Danish Investment Screening Act. Further guidance on the Act and its application is available at: Introduction - Screening of investments in Danish companies | Business in Denmark It is the responsibility of the tenderer to apply for and obtain authorisation to conclude the contract if the tenderer’s conclusion of the contract is subject to the Act. The Contracting Authority reserves the right to request during the tender process that tenderers submit information as to whether their conclusion of the contract is subject to the Act. If the Tenderer is not subject to the authorisation requirements the Tenderer shall no later than at the deadline specified by the Contracting Authority submit a written declaration that a permission is not required because the tenderer is neither domiciled outside the EU or EFTA nor controlled by or subject to significant influence as defined in the Danish Investment Screening Act from an entity domiciled in or a national of a country outside the EU or EFTA. The written declaration shall be forwarded as part of documentation cf. tender conditions, section 2.3 If the Tenderer is subject to the authorisation requirements the Contracting Authority’s decision to award will be made on the condition that the successful tenderer, not later than five months after the notification of the award decision, provides an authorisation from the Danish Business Authority to enter into the contract. If authorisation is granted subject to terms, it is furthermore a condition that the terms are acceptable to the Contracting Authority. The Contracting Authority may, but is not obliged to, extend the above mentioned deadline. If the conditions are not fulfilled, the Contracting Authority’s award decision will lapse since the tenderer’s tender cannot be taken into account. If an authorisation is necessary, the time schedule of the contract will be subject to postponement with the time frame corresponding to the time needed for authorisation.
Legal basis
:
Directive 2014/25/EU
2.1.6.
Grounds for exclusion
Sources of grounds for exclusion
:
Notice
Corruption
:
Has the economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein been the subject of a conviction by final judgment for corruption, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable? As defined in Article 3 of the Convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union, OJ C 195, 25.6.1997, p. 1, and in Article 2(1) of Council Framework Decision 2003/568/JHA of 22 July 2003 on combating corruption in the private sector (OJ L 192, 31.7.2003, p. 54). This exclusion ground also includes corruption as defined in the national law of the contracting authority (contracting entity) or the economic operator.
Fraud
:
Has the economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein been the subject of a conviction by final judgment for fraud, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable? Within the meaning of Article 1 of the Convention on the protection of the European Communities' financial interests (OJ C 316, 27.11.1995, p. 48).
Money laundering or terrorist financing
:
Has the economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein been the subject of a conviction by final judgment for money laundering or terrorist financing, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable? As defined in Article 1 of Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (OJ L 309, 25.11.2005, p. 15).
Participation in a criminal organisation
:
Has the economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein been the subject of a conviction by final judgment for participation in a criminal organisation, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable? As defined in Article 2 of Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime (OJ L 300, 11.11.2008, p. 42).
Terrorist offences or offences linked to terrorist activities
:
Has the economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein been the subject of a conviction by final judgment for terrorist offences or offences linked to terrorist activities, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable? As defined in Articles 1 and 3 of Council Framework Decision of 13 June 2002 on combating terrorism (OJ L 164, 22.6.2002, p. 3). This exclusion ground also includes inciting or aiding or abetting or attempting to commit an offence, as referred to in Article 4 of that Framework Decision.
Child labour and including other forms of trafficking in human beings
:
Has the economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein been the subject of a conviction by final judgment for child labour and other forms of trafficking in human beings, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable? As defined in Article 2 of Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA (OJ L 101, 15.4.2011, p. 1).
Agreements with other economic operators aimed at distorting competition
:
Has the economic operator entered into agreements with other economic operators aimed at distorting competition?
Misrepresentation, withheld information, unable to provide required documents and obtained confidential information of this procedure
:
Can the economic operator confirm that: a) It has been guilty of serious misrepresentation in supplying the information required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria, b) It has withheld such information, c) It has not been able, without delay, to submit the supporting documents required by a contracting authority or contracting entity, and d) It has undertaken to unduly influence the decision making process of the contracting authority or contracting entity, to obtain confidential information that may confer upon it undue advantages in the procurement procedure or to negligently provide misleading information that may have a material influence on decisions concerning exclusion, selection or award?
Conflict of interest due to its participation in the procurement procedure
:
Is the economic operator aware of any conflict of interest, as indicated in national law, the relevant notice or the procurement documents due to its participation in the procurement procedure?
Direct or indirect involvement in the preparation of this procurement procedure
:
Has the economic operator or an undertaking related to it advised the contracting authority or contracting entity or otherwise been involved in the preparation of the procurement procedure?
Breaching of obligations set under purely national exclusion grounds
:
Other exclusion grounds that may be foreseen in the national legislation of the contracting authority's or contracting entity's Member State. Has the economic operator breached its obligations relating to the purely national grounds of exclusion, which are specified in the relevant notice or in the procurement documents? Clause 134a of the Danish Public Procurement Act: A contracting authority shall exclude a tenderer from participation in a procurement procedure if the tenderer is established in a country that is listed on the EU's list of non-cooperative tax jurisdictions and has not acceded to the WTO's Government Procurement Agreement or other trade agreements obligating Denmark to open the public procurement market to tenderers established in the relevant country. The contracting authority shall furthermore exclude economic operators subject to EU sanctions under Regulation (EU) No 833/2014, with later amendments, Article 5k on restrictive measures in response to Russia's actions destabilizing the situation in Ukraine.
Breaching obligation relating to payment of social security contributions
:
Has the economic operator breached its obligations relating to the payment social security contributions, both in the country in which it is established and in Member State of the contracting authority or contracting entity if other than the country of establishment?
Breaching obligation relating to payment of taxes
:
Has the economic operator breached its obligations relating to the payment of taxes, both in the country in which it is established and in Member State of the contracting authority or contracting entity if other than the country of establishment?
Business activities are suspended
:
Are the business activities of the economic operator suspended? This information needs not be given if exclusion of economic operators in this case has been made mandatory under the applicable national law without any possibility of derogation where the economic operator is nevertheless able to perform the contract.
Bankruptcy
:
Is the economic operator bankrupt? This information needs not be given if exclusion of economic operators in this case has been made mandatory under the applicable national law without any possibility of derogation where the economic operator is nevertheless able to perform the contract.
Arrangement with creditors
:
Is the economic operator in arrangement with creditors? This information needs not be given if exclusion of economic operators in this case has been made mandatory under the applicable national law without any possibility of derogation where the economic operator is nevertheless able to perform the contract.
Insolvency
:
Is the economic operator the subject of insolvency or winding-up? This information needs not be given if exclusion of economic operators in this case has been made mandatory under the applicable national law without any possibility of derogation where the economic operator is nevertheless able to perform the contract.
Assets being administered by liquidator
:
Are the assets of the economic operator being administered by a liquidator or by the court? This information needs not be given if exclusion of economic operators in this case has been made mandatory under the applicable national law without any possibility of derogation where the economic operator is nevertheless able to perform the contract.
Analogous situation like bankruptcy, insolvency or arrangement with creditors under national law
:
Is the economic operator in in any analogous situation like bankruptcy arising from a similar procedure under national laws and regulations? This information needs not be given if exclusion of economic operators in this case has been made mandatory under the applicable national law without any possibility of derogation where the economic operator is nevertheless able to perform the contract.
BREAKING