Internet address(es):

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

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

Framework Agreement Regarding Delivery of a Range of Components and Spare Parts (Regarding Brakes, Valves, Doors, Car Bodies, Bogies, Auxiliary and Climate/Heating) and Related Services

To secure the continued operations and in order to maintain, overhaul and service the fleet of trains DSB has identified a need for;

1) OEM spare parts or equivalent listed in Schedule 1a;

2) OEM services or equivalent related to the spare parts, listed in Schedule 1d.

The categories of the spare parts are related to: brakes, valves, doors, car bodies, bogies, auxiliary and climate/heating.

The spare parts are primarily for the current fleet of IC3, IR4, IC4 and DD.

The services are primarily for the current fleet of IC3, IR4, IC4, DD and S-tog.

The supplier must deliver all the spare parts and services listed in Schedule 1a and 1d. The spare parts and services must comply with the minimum requirements in this notice and in Schedule 1a and 1d.

All technical requirements listed in Schedule 1a are minimum requirements (MR).

The spare parts are primarily used in (numbers of trains in 2019):

— 77 IC4 — MG 5601-5683 (expected lifetime 2024),

— 44 IR4 — ER 2001-2044 (expected lifetime 2030),

— 96 IC3 — MF 5001-5096 (expected lifetime 2029),

— 113 DD — ABs/Bk/B 7901-7925 + B 7701-7762 + Bk 7801-7826,

— 34 OTU — ET 4301-4411,

— S-tog — SA 8101-8205,

— S-tog - SE 4101-4131.

All spare parts must be original spare parts or equivalent. The original manufacturer of the spare parts is Knorr-Bremse and Knorr-Bremse’s Item numbers is stated in Schedule 1a.

The supplier must be able to provide the documentation needed for DSB to be able to assess whether the supplier’s offered spare part is ‘equivalent ’to the original spare part listed in Schedule 1a regarding brakes, valves, doors, car bodies, bogies, auxiliary and climate/heating.

As documentation for equivalence with the original spare parts, supplier must be able to submit certificate from an independent body. DSB accepts other equivalent documentation than the certificate if DSB, without undue expense, can conclude that the spare parts are equivalent.

Services

DSB has a need for a range of services related to the Spare Parts, cf. Schedule 1a, in order to maintain, overhaul and to provide service to the trains. The supplier shall provide the necessary service and the cooperation that supports the continued operations of the trains and thus deliver the necessary service which are vital for preventive maintenance and to minimize the disruption of the operations of the trains.

The services are listed in Schedule 1d:

Overhaul

Overhaul must be delivered according to OEM instructions or equivalent. The supplier must be able to provide documentation needed for DSB to be able to assess whether the supplier’s offered service is equivalent to the OEM. DSB may procure non-core services, according to OEM valid instructions or equivalent.

The services will be managed by a change control board (CCB) with representatives from the supplier and the relevant DSB business units. Non-core service are initiated and managed in projects according to the method described in Schedule 1d.

DSB has options to prolong the contract twice for up to 2 years each.

Please make clear your intent by declaring an expression of interest through EU-supply, cf. Section 1.1.3. The contract will be awarded without subsequent publication of a further call for competition. There will be no further advertising of this opportunity beyond this periodic indicative notice.

DSB will require, that candidates fulfill the minimum suitability requirements in respect of economic and financial capacity.

Upon DSB's request, the candidate must submit the following documentation of economic and financial capacity (1-3):

1) Total annual turnover. A statement regarding the candidates’ 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 candidates (e.g. a consortium), the information must be submitted for each participating operator in the group. Where a candidate 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;

2) EBIT margin. A statement regarding the candidates’ average EBIT margin (calculated by dividing EBIT with turnover (EBIT/turnover*100)) in the last 3 financial years available, depending on the date when the candidate was set up or started trading, if the information on these turnovers and the figures for EBIT are available. For groups of candidates (e.g. a consortium), the information must be submitted for each participating candidate in the group. Where a candidate 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;

3) Solvency ratio. A statement regarding the candidates’ average solvency ratio (calculated as (equity/total as-sets*100) in the last 3 financial years available, depending on the date when the candidate was set up or started trading, if the figures for equity and assets are available. For groups of candidates (e.g. a consortium), the information must be submitted for each participating candidate in the group. Where a candidate 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.

DSB will require, that the candidates must meet the following minimum requirements at the time of pre-qualification as an average of the last 3 financial years prior to the deadline.

For submission of application for pre-qualification:

1) A total annual turnover of at least 30 000 000 EUR;

2) An EBIT margin of at least 5 % — calculated by dividing EBIT with turnover (EBIT/turnover*100);

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

If the candidate is the parent company of a group of companies (i.e. the same legal group) the turnover, EBIT margin 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 candidate is an intermediate parent company (i.e. the parent company of a ‘sub group’ of companies) or the candidate is relying on the economic and financial capacity of such an intermediate parent company, the turnover, EBIT margin and solvency ratio may be based on the financial figures of the consolidated financial statement of the ‘sub group’ of companies.

If the candidate is relying on the capacity of 1 or more other entities the turnover, EBIT margin and solvency ratio will be calculated on the basis of the combined financial figures of the candidate 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 candidate and the supporting entities calculated as an average of the last 3 financial years and the combined total assets of the candidate and the supporting entities calculated as an average of the last 3 financial years (solvency ratio = average combined total equity/average combined total assets * 100).

If the candidate and the supporting entity/entities have consolidated financial statements, the calculations of the turnover, EBIT margin and solvency ratio will be based on such consolidated financial statements.

If the candidate is a group of economic operators (e.g. a consortium), the turnover, EBIT margin and solvency ratio will be calculated in the same manner as candidates 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 (in the consortium) have consolidated financial statements, the calculations concerning these economic operators will be made based on such consolidated financial statements.

DSB intends to ask the candidates to provide documentation for their fulfillment of the minimum requirements concerning financial and economic standing after pre-qualification. The documentation on fulfillment of the minimum requirements concerning financial and economic standing after pre-qualification shall consist of audited financial statements or excerpts thereof for the 3 latest financial years, depending on the date on which the candidate's undertaking was set up or the candidate started trading, where publication of financial statements is required under the law of the country in which the candidate is established or any other form of documentation which DSB deems appropriate, where the candidate is unable to present audited financial statements for a valid reason.

By ‘financial year’ is meant either a calendar year (1 January-31 December) or a season (e.g. 1 July-30 June).

DSB will require, that applicants provides information of minimum 1 reference of equivalent tasks regarding supply of OEM Spare parts and OEM services within the last 3 years, which means within the last 3 years before the application deadline or that is still ongoing at the end of the application deadline.

Reference information must contain:

(i) contract value;

(ii) customer name;

(iii) customer contact.

DSB will reserve the right to contact the customers for the purpose of obtaining customer confirmation that the above requirements are met for each reference.

In order for the references to be considered ‘equivalent’, the following requirements must be met:

(a) the similar supply of OEM spare parts shall include the supply of spare parts in the form of at least brakes and valves;

(b) the similar supply of OEM services shall include the overhaul of brake systems by the manufacturer Knorr- Bremse;

(c) the assignment must be performed by the applicant himself and using the applicant's own facilities.

This periodic indicative notice intends to identify potential suppliers and calls for competition. DSB encourage suppliers who, on the basis of the requirements described herein, believe to have the ability and capacity to provide the desired service, to submit an expression of interest by 18.12.2019 on http://eu.eu-supply.com/app/rfq/rwlentrance_s.asp?PID=247757&B=DSB

Providing the following information:

— organization name,

— corporate phone,

— person of contact,

— email address,

— phone,

— country.

Documents concerning pre-qualification and the negotiating procedure (e.g. Schedule 1b — price enclosure and Schedule 4 — terms and conditions for providing services, materials and rolling stock which are mentioned in Schedule 1d) will be uploaded to approved candidates complying with requirements set forth in this periodic indicative notice and Schedule 1a and Schedule 1d.

DSB expects to commence the pre-qualification and negotiating procedure January 2020.

The candidate will be excluded from participating if the candidate is subject to the compulsory grounds for exclusion set out in ss. 135 and 136 of the Danish Public Procurement Act, cf. s. 10 para.((1) of the Ministeriel Order on procurement by entities operating in the water, energy, transport and postal services, unless the candidate can submit sufficient documentation for its reliability in accordance with s. 138 of the Danish Public Procurement Act, cf. s. 10 (1) para. 2 of the Ministeriel Order.

The forecasts of the operations of the trains shows a continuation of todays' operations level in the years to come.

Despite that, DSB expects a reduced spend according to out-phasing of the trainsets in the last period of the contract.

However the aging of the trains might also require further services and changes of spare parts.

All in all the yearly spend is estimated to be 35 000 000 DKK-45 000 000 DKK — a total estimate of 400 000 000 DKK during the contract period and optional period. The estimated spend are based on historical data covering both spare parts and services.The estimate is non-binding.

Obsolescence management and help desk shall be delivered by the supplier while the contract is in force.

The spare parts must be delivered duty paid (DDP) and overhauls must be delivered free carrier (FCA).

The fee for non-core services are based 1 hourly rates per consultant for the consultant profiles.

In the event the supplier fails to fulfill the delivery deadlines DSB may require a weekly penalty of the purchase price of the delayed electronic purchase order exclusive of VAT for each commenced week the delay lasts. The supplier warrants that all spare parts delivered to DSB conform to the specifications in Schedule 1a and are free from defects (‘Warranty’). The warranty is valid for a period of 24 months commencing upon DSB’s of the delivery of spare parts. The supplier is obliged to take out commercial and product liability insurance in a recognized insurance company with an insurance sum of not less than 3 300 000 EUR per loss and 6 600 000 EUR per year (annual aggregate) and to maintain such policy during the term plus two (2) years (the Insurance Period).

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

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 if the notification is accompanied by an explanation of the grounds for the decision in accordance with Section 2(1), para. (1) of the 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 entity has published a notice in the Official Journal of the European Union that the contracting entity 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 entity has notified the tenderers concerned that a contract based on a framework agreement with reopening of competition or a dynamic purchasing system has been entered into if the notification includes an explanation of the relevant grounds for the decision;

3) 6 months after the contracting entity has entered into a framework agreement calculated from the day after the day when the contracting entity has notified the affected candidates and tenderers, see Section 2(2) of the 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 entity in writing that a complaint has been lodged with the Danish Complaints Board for Public Procurement and whether the appeal was lodged during the stand-still period, see Section 6(4) of the Act. In cases where the complaint was not lodged within 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 email 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