Tender for Supply of Seven BEMU Train Sets, Including a Service Contract

With this call for tenders, the contracting entity asks for tenders for supply of seven BEMU train sets and a subsequent service contract for the Vemb-Thyborøn line owned by MJ Batteritog A/S and the Holstebro-Skjern line owned by Banedanmark. This call for tenders comprises a negative option for four fewer BEMU train sets.

The requirements to be met by the tenderer’s products and services in general are specified in the tender documents.

MJ Batteritog A/S, CVR No 41219106, Banegårdsvej 2, DK-7620 Lemvig

With this call for tenders, the contracting entity asks for tenders for supply of seven BEMU train sets and a subsequent service contract for the Vemb-Thyborøn line owned by MJ Batteritog A/S and the Hol-stebro-Skjern line owned by Banedanmark. This call for tenders comprises a negative option for four fewer BEMU train sets.

The requirements to be met by the Tenderer’s products and services in general are specified in the tender documents

Option:

The contracting entity has decided to invite tenders for a total of seven BEMU train sets. The expectation is that the funding of all seven BEMU train sets will obtain political approval at the latest in connection with the decision to award a supply contract. In view of this, the time schedule (see section 1.1) allows for the political procedure involved in deciding contract award, including funding of the deliverables.

The funding is split with both regional and state funding of the train sets.

However, the call for tenders comprises a negative option for four fewer BEMU train sets to be used by the contracting entity at the latest in connection with final award of the supply contract. The four train sets are dedicated to the Holstebro-Skjern line. As a result of this, if this option is used, the deliverables will be reduced to a total of three BEMU train sets.

Final award of the supply contract should be taken to mean the award leading to the final conclusion of the supply contract.

The contracting entity will select up to three applicants who according to their references provide evidence as being the best suited with the most relevant supply contracts.

For their evaluation, the contracting entity will rely on the applicants’ references and compare these with the entity’s descriptions in the tender material of the contents of the agreements and of the contract notice.

For example as part of this, to which extent the references presented satisfy the contracting entity that the applicant is sufficiently experienced with supplies which, in terms of contents and scope, are similar to the supply described in the entity’s calls tenders and that the applicant is experienced and can provide evidence of supplies comprising a proven technology which has been approved for operation in an EU Member Country and where the supply is as close to completion as possible, without delays.

The contracting entity has decided to invite tenders for a total of seven BEMU train sets. The expectation is that the funding of all seven BEMU train sets will obtain political approval at the latest in connection with the decision to award a supply contract. In view of this, the time schedule allows for the political procedure involved in deciding contract award, including funding of the deliverables.

The funding is split with both regional and state funding of the train sets.

However, the call for tenders comprises a negative option for four fewer BEMU train sets to be used by the Contracting Entity at the latest in connection with final award of the Supply contract. The four train sets are dedicated to the Holstebro-Skjern line. As a result of this, if this option is used, the deliverables will be reduced to a total of three BEMU train sets.

Final award of the supply contract should be taken to mean the award leading to the final conclusion of the supply contract.

Except for the potential price difference per train set, as set out in the tender list in Appendix B, the supply contract will be concluded on the same conditions, irrespective of whether the supply is for seven or three BEMU train sets.

Furthermore, the call for tenders includes an option for an extension of the service and maintenance by aggregate periods of 12 months at a time and for up to 36 months in total in addition to the ‘ordinary period’, see clause 13.3 in appendix C, the supply contract (‘extended period’), and otherwise the same conditions. The seller must be notified in writing about any such extension no later than 6 months prior to the expiry of the ordinary period or the extended period, respectively.

Under Part IV B of the ESPD, the Applicant must provide the following information:

General annual turnover: the applicant’s general annual turnover for the last three full financial years.

As a minimum requirement, the applicant's annual turnover must average minimum DKK 350 million over the past three full financial years.

Financial ratios – for example solvency ratio, equity etc. – The applicant’s equity for the past three full financial years.

As a minimum requirement, the Applicant’s equity must have been positive for the past three full financial years.

If requested by the contracting entity, the tenderers must provide documentation verifying that they do not fall within the scope of the exclusion grounds by presenting the following:

• an extract of a relevant register or a similar document issued by a competent authority which verifies that the Tenderer is not within the scope of the exclusion grounds set out in section 135(1) of the Public Procurement Act; and

• a certificate issued by a competent authority which verifies that the tenderer is not within the scope of the exclusion grounds set out in section 135(3) and section 137(1), para. 2, of the Public Procurement Act.

For Danish Tenderers, this documentation requirement can be met by attaching a service certificate (serviceattest) issued not more than six months before the time of presentation.

The tenderer should note that the service certificate must include information about all of the relevant exclusion grounds, including information about the members of the tenderer's board of directors, the executive management or the supervisory Council. The Danish Business Authority requests that these individuals submit declarations of consent and solemn declarations before they can be included in the service certificate.

As regards foreign individuals serving as members of the board of directors, the executive management or the supervisory Council, the Danish Business Authority further requests that IDs for each of these individuals be uploaded and that their dates of birth be stated.

General annual turnover: the applicant’s general annual turnover for the last three full financial years.

Financial ratios – for example solvency ratio, equity etc. – The applicant’s equity for the past three full financial years.

As a minimum requirement, the applicant's annual turnover must average minimum DKK 350 million over the past three full financial years.

As a minimum requirement, the applicant’s equity must have been positive for the past three full financial years.

The applicant’s references from the most important supply contracts for similar supplies for battery-operated train sets (BEMU) completed, partly completed or initiated over the past 5 years ‘2017 -2021’, see also the contracting entity’s description of the contracts in the tender material and of the contract notice.

For the purpose of this call for tenders, completion means that all train sets have been delivered to the buyer.

Completion initiated means for the purpose of this call for tenders that the applicant has commenced the production of the train sets concerned.

The list of references should provide information about the receiver; production time; completion status, including:

• whether the supply was completed on time compared with the originally agreed time schedule, or when delivery will be effected; a brief description of the supply, as a minimum stating the size/capacity of the train sets concerned:

• whether the train sets concerned are battery-operated train sets (BEMU); the total number of train sets included in the supply;

• whether and to which extent the supply comprises/comprised training of the buyer's train personnel (train drivers) and workshop personnel;

• whether a stock of spare parts was included in the supply; and to which extent the supply comprises service and maintenance after delivery of the offered train sets.

The description should preferably state production method and other relevant details.

The descriptions in the list of references should provide information about the contact person with each of the buyers. The applicant should expect the buyer to be contacted concerning the supply.

A list of references should also state whether the train sets included in the supply have been approved for operation by the relevant authorities in the country concerned for completion of the supply, or, in the event, when the train sets in a given supply will be approved. The references should include information that reassure the buyer that the supplier is able to get trains homologated in accordance with the European TSI requirements.

The information provided in the ESPD or associated appendices concerning references is considered sufficient documentation.

Applicant must declare not to be covered by the mandatory exclusion grounds set out in section 135(1) and (3) of the Public Procurement Act and also section 10 of Executive Order No 1624 of 2015.

Voluntary exclusion grounds is valid. see more under additional information section VI.3).

On contract formation and against the buyer’s payment of 10 % of the purchase price, the seller shall provide a corresponding fully satisfactory bank guarantee with a bank approved by the buyer as security for the buyer’s refund requirement in case of non-delivery or defective delivery. The said guarantee will be revalued in line with the Buyer’s payment of further instalments to the effect that the guarantee will amount to 80 % of the purchase price as at the availability date.

By timely performance conforming to Contract on the Take-Over Date, the guarantee will be released again to the Seller.

See appendix C: supply contract in the tender documents.

See appendix C: Supply contract in the tender documents.

The European Single Procurement Document (ESPD) is a standard document developed by the European Commission. Public Contracting Entities are under an obligation to acquire completed ESPDs from the applicants or tenderers taking part in calls for tenders issued under the EU Procurement Directive for Utilities.

The ESPD is attached to the tender material in XML format (Appendix E).

The ESPD must be completed (and can only be completed) electronically via the ESPD tab in iBinder: https://www.ibinder.com/External/EnquiryLink.aspx?id=kptraoauye

In the ESPD, the applicant must submit the information requested in Parts II, A, B and C, including such information as

• name of company;

• contact persons (and contact details);

• postal address;

• VAT number (for Denmark CVR-no.);

• form of participation;

• reliance on the capacity of other entities.

The applicant must complete Parts II, A, B and C of the ESPD in accordance with this and in accordance with the instructions in the ESPD.

The applicant need not complete the following fields in Part II A:

• whether the applicant is a sheltered workshop, a ‘social business’ or will provide for the performance of the contract in the context of sheltered employment programmes;

• whether the Applicant is registered on an official list;

• whether the Applicant is able to provide a certificate with regard to the payment of social security contributions and taxes.

The applicant may at option attach descriptions of references in a separate document.

If the applicant is made up of a group of entities (i.e. where several companies submit a joint application as a consortium and intend to submit a tender as a consortium), each of the companies in the consortium must complete and submit an individual ESPD.

An applicant can rely on the economic and financial standing or the technical and professional ability of other entities, notwithstanding the legal nature of the relationship between the applicant and the entity(-ies) on which the applicant relies. This could be the case for example when the applicant alone is unable to meet the contracting entity’s minimum suitability requirements or in order to meet the selection criteria.

Voluntary exclusion grounds:

The applicant will also be excluded from participation in the tendering procedure when

1) The applicant or the tenderer has been declared bankrupt or is undergoing insolvency or winding-up proceedings, where the assets of the applicant or the tenderer are being administered by a receiver or by the court, where a composition has been reached with the applicant’s or the tenderer’s creditors under which all creditors will be bound by the agreement reached, where the applicant’s or the tenderer’s commercial activities have been discontinued, or where the applicant or the tenderer is in a similar situation under a similar procedure under national law in the jurisdiction in which the applicant or the tenderer is registered;

Provided the Applicant is covered by one or more of the exclusion grounds but has provided sufficient documentation substantiating that yet the applicant is still reliable, cf. section 138 of the Public Procurement Act, and the tender qualifies for evaluation in this call for tenders.

Precise information on deadline(s) for review procedures:

Specific information about time limits for filing complaints:

Under LBK No 593 of 2 June 2016 (the Act on the Complaints Board for Public Procurement) with later changes (the act is available on www.retsinfo.dk) the following time limits apply for filing complaints:

S. 7 (2) Complaints about tenders or decisions covered by sections II or III of the Danish Act on Tenders or the Utilities Directive, which are not covered by subsection 1, must be filed with the Complaints Board for Public Procurement before:

1) 45 calendar days after the contracting entity has published a notification in the Official Journal of the European Union stating that the contracting entity has entered into a contract. The time limit runs from the day after the day of publication of the notification;

2) 30 calendar days as from the day after the day of the contracting entity’s notification to the affected tenderers, stating that a contract based on a framework agreement with reopening of the competition or a dynamic purchasing system has been made, if the notification has stated a reason for the decision;

3) 6 months after the contracting entity has entered into a framework agreement as from the day after the day of the contracting entity’s notification to the affected applicants and tenderers, see S. 2 (2) or S. 171 (4) of the Act on tenders;

4) 20 calendar days as from the day after the contracting entity has given notice of its decision, see S. 185 (2)(2) of the Act on Tenders.

S. 7 (3) If a contracting entity has observed the procedure in item 4, any complaint that the contracting entity, contrary to the public procurement directive or the utilities directive, has entered into a contract without prior publication of a tender notice in the Official Journal of the European Union, must be filed with the Complaints Board for Public Procurement within 30 calendar days as from the day after the day of the contracting entity’s publication of a notification in the Official Journal of the European Union stating that the contracting entity has entered into a contract, provided such notification contains information about the reason for the contracting entity’s decision to award the contract without prior publication of a tender notice in the Official Journal of the European Union.

By the filing of a complaint with the Complaints Board for Public Procurement at the latest, the complainant must inform the contracting party in writing that a complaint is filed with the Complaints Board for Public Procurement and state whether the complaint is filed during the standstill period, see S. 3 (1) of the act. In case the complaint is not filed during the standstill period, the complainant must also state whether stay of execution of the complaint is requested, see S. 12 (1) of the act.

The complaints’ guidance of the Complaints Board for Public Procurement is available on klfu.dk.

S. 6 (4) By the filing of a complaint with the Complaint Board for Public Procurement at the latest, the complainant must inform the contracting party in writing that a complaint is filed with the Complaints Board for Public Procurement and state whether the complaint is filed during the standstill period, see S. 3 (1) or (2), or during the 10 days period stated in S. 4 (1) (2). In case the complaint is not filed during the said periods, the complainant must also state whether stay of execution is requested, see S. 12 (1).