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

New Trains — Supply and Maintenance of Electric Trainsets

DSB seeks to acquire electric trainsets and a variety of interconnected deliverables. The purpose of the acquisition is to enable DSB to carry out its passenger transport operations. Furthermore, DSB intends to acquire full service maintenance including management and performance of maintenance and all related technical support services and delivery of spare parts for the electric trainsets and other supplier services.

Thus, the procurement consists of a framework agreement for acquisition of electric trainsets and other deliverables (Supply Agreement, “SA”) and maintenance services as a Full Service Agreement (FSA) and other Supplier Services for the electric trainsets (Maintenance Agreement, “MA”). The 2 agreements are interconnected and the tender procedure for the agreements is the same. Award will take place for both agreements to the same tenderer in accordance with the common award criteria, see section II.2.5.

Denmark

The SA covers electric trainsets and interconnected deliverables (e.g. documentation, training incl. simulator solution, related IT systems and services). The SA has a minimum committed purchase of 100 trainsets and the possibility to acquire further trainsets and interconnected deliverables. The trainsets shall be self propelled electric trainsets for passenger transport in regional and fast services on the infrastructure in Denmark. It shall be possible to operate the trainsets coupled in multiple operation. It is expected that the trains will be required to provide levelled access from 550 mm platforms and provide functionality to support short travel times such as high operational speed, good acceleration and fast passenger exchange.

The SA is expected to have a duration of 8 years with an option for extension for up to 4 years. Due to uncertainty regarding the infrastructure and operational needs and requirements, DSB needs to be able to acquire further trainsets until 2032 if the option is exercised. From an operational and economical perspective DSB needs to have a uniform fleet to minimize complexity in regard to e.g. maintenance, training, spare parts, documentation and to assure flexibility in the operation of the fleet. In the view of DSB, these grounds satisfy the conditions for a contract period of up to 12 years, see the utilities directive art. 51(1). If the option is exercised, the last purchase order shall be placed before expiration of the 12 years, however delivery may take place and guarantees etc. may be valid after the expiration of the 12 years. Preliminary takeover (PTO) of the first trainset is expected to take place 42 months after contract signature. However, the delivery time and rate of delivery depend on a variety of circumstances, e.g. Banedanmark’s projects concerning the railway infrastructure, and delays in these projects may influence the needed time and rate of delivery and these may be changed during the negotiations.

The MA is expected to have a duration of 30 years from PTO of the first trainset. However, the MA shall commence at contract signature. The maintenance shall be carried out in workshops (incl. handover points) provided by DSB, which the supplier shall furnish with machinery, special tools and other equipment needed to maintain the trainsets. The maintenance services shall consist of management and execution of preventive and corrective maintenance incl. planning, onsite fault finding, technical support, provision of spare parts, documentation and training. The other Supplier Services will consist of design authority services, extended engineering support, configuration and documentation management, obsolescence management, IT services and product platform evolution services incl. future modifications of the trainsets.

The exact content of the deliverables under the agreements is subject to negotiation, see Tender Conditions clauses 7 and 9.

DSB has an option to extend the MA for up to 10 years (in total approx. 44 years from contract signature) because the trainsets have a life expectancy of 30 years or more and it is necessary for DSB to have the same supplier throughout the agreement. Furthermore, a great deal of knowledge and experience will be gathered throughout the contract period. The need to minimize the technical and logistical difficulties that a change of supplier will result in also sustains the need for a contract period of the said length. In the view of DSB, the MA is not a framework agreement in itself, but in DSB’s view these grounds in any event satisfy the conditions for a contract period of the said length, see the utilities directive art. 51(1).

The MA may be terminated for convenience after 15, 20 or 25 years. Please note that the MA is expected to contain fallback provisions requiring the supplier to recommence the delivery of maintenance services that may expire or be terminated, e.g. if the transfer to another service provider fails.

The SA is expected to have a duration of 8 years with an option for extension for further 4 years (2 times 2 years).

The MA is expected to have a duration of 30 years from PTO of the 1^st trainset (expectedly 42 months after contract signature), i.e. in total approximately 34 years from contract signature. The MA contains options for extension for further 10 years (2 times 5 years).

If more than the required number of applicants fulfill the minimum requirements, see sections 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 and services in comparison to the agreements described in sections II.1.4) and II.2.4) above, in terms of the comparability and quantity of the previous deliveries and services. It will be regarded positively in the assessment if each reference fulfills as many minimum requirements as possible, see section III.1.3), and if a train solution has been taken over and put in commercial operation by an external customer. Please note that any ambiguities and/or unclearness 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 candidates.

The Supply Agreement contains options for extension for further 4 years (2 times 2 years). The Maintenance Agreement contains options for extension for further 10 years (2 times 5 years).

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, total annual turnover and balance sheet total described below (A - E).

DSB intends to ask the applicants to provide documentation for their fulfillment of the minimum requirements concerning financial and economic standing after pre-qualification. Further information is provided in the tender material. The documentation shall consist of audited financial statements or excerpts thereof 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, or any other form of documentation which DSB deems appropriate, where the applicant is unable to present audited financial statements for a valid reason. Specifically concerning the calculation of debt ratio it is noted that if the net interest bearing debt cannot be deducted from the audited financial statements of the applicant, the applicant may document fulfillment of the minimum requirement for debt ratio by providing a statement from a state authorized accountant with information about the net interest bearing debt or by performing the calculation of debt ratio based on the applicant’s net debt (instead of net interest bearing debt) and provide documentation for the net debt in the form of audited financial statements or excerpts thereof etc., see above. By ‘financial year’ is meant either a calendar year (1 January — 31 December) or a season (e.g. 1 July — 30 June).

The applicant must meet the following minimum requirements at the time of prequalification as an average of the last 3 financial years prior to the deadline for submission of application for prequalification:

(A) A total annual turnover of at least EUR 1,000 million

(B) A balance sheet total of at least EUR 1,500 million

(C) An EBIT margin of at least 5 % - calculated by dividing EBIT with turnover (EBIT/turnover*100)

(D) A debt ratio of under 4 – calculated by dividing net interest bearing debt with EBITDA (net interest bearing debt/EBITDA)

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

Re (D) please note, that if the net interest bearing debt cannot be deducted from the audited financial statements of the applicant, the applicant may calculate the debt ratio by dividing net debt (instead of net interest bearing debt) with EBITDA.

If the applicant is the parent company of a group of companies (i.e. the same legal group) the turnover, balance sheet total, EBIT margin, debt ratio and solvency ratio may be based on the financial figures of the consolidated financial statement of the group of companies. “The same legal group" shall be defined as entities covered by directive 2013/34/EU (directive on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings) art. 22(1).

If the applicant is an intermediate parent company (i.e. the parent company of a "sub group" of companies) or the applicant is relying on the economic and financial capacity of such an intermediate parent company, the turnover, balance sheet total, EBIT margin, debt ratio and solvency ratio may be based on the financial figures of the consolidated financial statement of the “sub group” of companies.

If the applicant is relying on the capacity of one or more other entities the turnover, balance sheet total, EBIT margin, debt ratio and solvency ratio will be calculated on the basis of the combined financial figures of the applicant and the supporting entities. This means, e.g. in relation to solvency ratio, 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 financial years and the combined total assets of the applicant and the supporting entities calculated as an average of the last 3 financial 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 turnover, balance sheet total, EBIT margin, debt ratio and solvency ratio 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, e.g. by producing an undertaking on the part of those entities to that effect, see TC.002 to the Tender Conditions. If the applicant is awarded the agreements, the supporting entity/entities shall undertake joint and several liability and co-sign the agreements.

If the applicant is a group of economic operators (e.g. a consortium), the turnover, balance sheet total, EBIT margin, debt ratio and solvency ratio will be calculated in the same manner as applicants with one 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 (in the consortium) 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.

The applicant must submit the ESPD part IV.C including the following information:

Firstly, references concerning train solutions. The description should include: Recipient name and contact information (in the “Recipients” section), duration of the contract (start date, i.e. the effective date of the contract, and end date) (in the “Start date” and “End date” sections), value of contract (EUR) (in the “Amount” section), vehicle type/name, number of vehicles, date for commercial operation of first vehicle, number of vehicles delivered within the past 5 years prior to the deadline for submission of application for prequalification, the applicant’s role in the delivery (e.g. sole supplier, consortia member, sub-supplier etc.) and technical data for vehicles, e.g. maximum operational speed, length over couplers, floor height, entrance height, number and width of doors, maximum acceleration rate, passenger capacity, power supply, TSI applicability (Y/N – if yes, please provide certificate no.), equipped with ETCS (Y/N – if yes, please provide certificate no.) (in the “Description” section).

Secondly, references concerning maintenance services. The description should include: Recipient name and contact information (in the “Recipients” section), duration of the contract (start date, i.e. the effective date of the contract, and end date) (in the “Start date” and “End date” sections), value of contract (EUR) (in the “Amount” section), contract type (FSA or TSSSA), scope of services such as onsite fault finding, training of maintenance personnel, management and execution of maintenance and spare part supply, number of workshops and handover points included, number of vehicles covered, date for start of services, number of personnel (permanently) on site(s) under the applicant’s responsibility (both blue and white collar), the applicant’s role in the delivery (e.g. sole supplier, consortia member, sub-supplier etc.) and whether a certified quality system was applicable (in the “Description” section). If a contract for maintenance services has a duration that covers more than 5 years before the deadline for submission of application, the applicant should state which part of the contract has been performed within the last 5 years before the deadline for submission of application.

The applicant may state up to 13 references in total. Of these, at least 3 references shall concern maintenance services (minimum requirement 7a-7c below). It is possible for an applicant with one reference to show fulfilment of more than one minimum requirement. If more than 13 references are submitted, DSB will take the 13 newest references into consideration. If it cannot be determined which 13 references are the newest, DSB will draw lots among all references submitted.

If the applicant is a group of economic operators (e.g. a consortium), the consortium may as a whole submit 13 references including minimum 3 references concerning maintenance services. If the applicant relies on the capacity of one or more other entities, a maximum of 13 references including minimum 3 references concerning maintenance services for the applicant and the supporting entities together.

The references will also be used in the assessment for choosing the limited number of candidates, see section II.2.9). If the tenderer has references that do not fulfil the minimum requirements, such references may still be submitted to support the selection of the tenderer, as long as the tenderer’s total number of references does not exceed the above stated.

Before prequalification DSB may validate the references, incl. by contacting the recipients stated in the submitted references. After prequalification DSB does not intend to ask the applicants to provide further documentation for their fulfilment of the minimum requirements concerning technical and professional ability.

The applicant must meet all the minimum requirements below:

Regarding train solution

1) The applicant has delivered an electric mainline regional and/or fast passenger train solution with (a) AC or multi-system (combination of AC/DC), (b) track width 1435 mm, (c) operational speed of min. 160 km/h and (d) a 25 kV 50 Hz voltage system.

2) The applicant has delivered an electric mainline regional and/or fast passenger train solution with (a) AC or multi-system (combination of AC/DC), (b) track width 1435 mm and (c) operational speed of min. 200 km/h.

3) The applicant has delivered an electric mainline regional and/or fast passenger train solution with (a) AC or multi-system (combination of AC/DC), (b) track width 1435 mm, (c) operational speed of min. 160 km/h and (d) low floor that allows level access from 550 mm platforms.

4) The applicant has delivered an electric mainline regional and/or fast passenger train solution with (a) AC or multi-system (combination of AC/DC), (b) track width 1435 mm, (c) operational speed of minimum 160 km/h and (d) multiple operation of minimum 3 trainsets.

Deliveries in minimum requirement 1) - 4) shall have been made within the past 5 years prior to the deadline for submission of application for prequalification. By “delivered” in minimum requirement 1) - 4) and section III.1.3), 1st para., is understood when a train is under production for or taken over and put in commercial service by an external customer.

5) The applicant has obtained TSI approval of electric mainline rolling stock, operational speed of min. 160 km/h, according to TSI HS RST (Dec 2008/232/EC), CR LOC & PAS (Dec 2011/291/EU) or LOC & PAS (Regulation (EU) 1302/2014) or later TSI in an EU/EEA member state.

6) The applicant has obtained approval of ETCS Level 2 onboard system integration on mainline rolling stock, operational speed of min. 160 km/h, according to TSI HS CCS (Dec 2006/860/EC), CR CCS (Dec 2006/679/EC), HS and CR CCS (Dec 2012/88/EU) or CCS (Regulation (EU) 2016/919) or later TSI in an EU/EEA member state.

Regarding maintenance

7a) The applicant has 3 references for maintenance services (TSSSA or FSA) for electric mainline regional and/or fast passenger train solution with AC or multi-system (combination of AC/DC) provided within the past 5 years prior to the deadline for submission of application for prequalification. Of the 3 references:

7b) At least 1 reference shall include maintenance of a fleet of min. 20 trains of one type.

7c) At least 1 reference shall be a FSA.

By ”TSSSA” is understood Technical Support and Spare Part Supply Agreement, incl. at least maintenance management, technical support in any form (e.g. in relation to fault finding etc.), and spare part supply in full or part. By ”FSA” is understood Full Service Agreement incl. at least all preventive and corrective maintenance, maintenance management, fault finding and technical services, and all spare part supply.

If the application is submitted by a joint group of economic operators or the applicant is relying on the capacity of one or more other entities, the minimum requirements must be fulfilled by the joint group/the applicant and the supporting entity/entities as a whole.

Please see TC.003 (Request for prequalification and guide for the ESPD) for examples.

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, e.g. by producing an undertaking on the part of those entities to that effect, see TC.002 (Letters of commitment). 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 an advance payment guarantee and a performance and warranty guarantee; however, DSB's requirements regarding these guarantees may be subject to negotiations during the tender process. Thus, the requirements for the guarantees may be changed or withdrawn entirely according to DSB’s decision.

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

No special legal form is required. If the contract is awarded to a group of suppliers (e.g. a consortium) the participants are required to undertake joint and several liability and to appoint one supplier to represent the group.

Furthermore, DSB expects to require that certain assets and liabilities are placed in a special purpose vehicle (a “SPV”) in order to facilitate maintenance services being transferred to DSB in a expiration or termination scenario. However, DSB's requirements in this regard may be subject to negotiations during the tender procedure, and thus, the requirements may be changed or withdrawn entirely according to DSB’s decision.

If the supplier uses sub-suppliers, this is subject to certain prerequisites, see the Supply Agreement clause 2.22.5 and the Maintenance Agreement clause 2.9.5.

Please note that the ownership of the trainsets may be transferred to one or more companies ultimately owned by DSB.

Furthermore, please note that the operation of the trainsets may be performed by another train operator in the future.

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

The applicant shall complete and submit an ESPD which serves as preliminary evidence of fulfilment of the conditions for participation, incl. absence of the grounds for exclusion. DSB reserves the right, at any time during the tender procedure, to request an applicant/tenderer to provide documentary proof, see section 151 of the Danish Public Procurement Act (Act no 1564 of 15 December 2015), cf. executive order no. 1624 of 15 December 2015 section 11, if required to ensure the proper execution of the procedure. Before awarding the agreements, the tenderer to whom DSB intends to award the agreements must provide documentation concerning the information in the ESPD, see section 153 of the Danish Public Procurement Act. DSB has prepared the ESPD for the applicants to fill out, see the tender material.

2) The amount in sections II.1.5) and II.2.6) is a rough estimate (incl. all options) stated solely for the purpose of giving interested parties an impression of the scope of the contract.

3) The duration in section II.2.7) is the expected duration of the SA and the MA, however not incl. an exercise of the options for extension by 10 years of the MA.

4) An economic operator may only submit one application to participate. "Economic operator" shall be defined as a single economic operator or a group of economic operators (a consortium). In addition, two or more economic operators who are part of the same legal group may not submit more than one application to participate, unless the economic operators can demonstrate that their participation in the tender process is and continuously will be autonomous and independent. "The same legal group" shall be defined as entities covered by directive 2013/34/EU art. 22(1). The same applies if an economic operator participates in more than one prequalification application, e.g. alone and in a consortium, alone and as a supporting entity or in a consortium and as a supporting entity. DSB will, where appropriate, request additional information from such applicants to verify that their participation in the tender process is and continuously will be autonomous and independent. If this cannot be verified, DSB may not take either of the applications into consideration. The same principle applies if the situation arises during the tender procedure.

5) Questions concerning the application for participation may be submitted at the “QnA” section in EU Supply where answers will also be made available.

6) During the negotiation process (at the earliest after receiving INDO2) DSB reserves the right to shortlist, i.e. to reduce the number of tenderers, to two tenderers, based on the initial evaluation of the INDO2 (or later INDOs) in accordance with the award criteria, see the Tender Conditions clause 7.2.1.

7) The signing of the agreements is subject to political approval, incl. final approval of the funding of the project from the Finance Committee of the Danish Parliament.

8) DSB has conducted a preliminary market consultations in order to prepare the procurement. A report summarizing DSB's findings is available at https://www.dsb.dk/om-dsb/virksomheden/rapporter-og-regnskab/fremtidens-tog/

9) Reference is made to the Tender Conditions clause 10 regarding changes to the composition of the tenderer.

10) Please see the Tender Conditions clause 9 re requirement categorization of the tender material. It is emphasized that all requirements that are not Mandatory Requirements may in principle be subject to negotiation and may be changed or withdrawn according to DSB’s decision. Thus, DSB encourages all economic operators who can comply with the Mandatory Requirements (and fulfil the minimum requirements for participation, see sections III.1.2) and III.1.3)) to apply for prequalification, even if the economic operator cannot comply with all Key Requirements. Please also see the Tender Conditions clause 7 re expected topics for negotiations.

Internet address: https://erhvervsstyrelsen.dk/klagevejledning-0

As a consequence of the Danish Act no. 492 of 12.5.2010 with subsequent amendments regarding enforcement of the rules for procurement etc., 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 6 months after the Contracting Authority has sent notification to the candidates/ tenderers involved that the Contracting Authority has entered into the framework agreement if the notification included a short account of the relevant reasons for the decision. The complainant must inform the contracting authority of the complaint in writing at the latest simultaneously with the lodging of the complaint to the Complaints Board for Public Procurement. The complainant shall state whether the complaint has been lodged in the stand-still period. If the complaint has not been lodged in the standstill period, the complainant must also state whether the complainant has requested that the complaint be granted suspensive effect.

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