Internet address(es):

Main address: www.dsb.dk

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

Procurement of Solid Wheels

The purpose of this tender is to establish a framework agreement on which DSB can purchase solid wheels for the total fleet of initial 530 train sets. The total fleet will in the contract period be reduced due to a planned phase out of older train sets. The applicant must be able to deliver either original components or equivalent components. The estimated total volume of solid wheels is approx 3 400 ea the first year of the contract.

The purchase on the framework agreement is based on a 12-month forecast, where actual submitted purchase orders are subsequently updated for variations in volume forecasts and DSB has the right to adjust volumes close to the delivery date. Delivery takes place in small batches in frequent intervals, as DSB facilities have limited space for storage and handling of wheels.

Århus.

The purpose of this tender is to establish a framework agreement on which DSB can purchase solid wheels for the total fleet of initial 530 train sets. The total fleet will in the contract period be reduced due to a planned phase out of older train sets. The applicant must be able to deliver either original components or equivalent components. The estimated total volume of solid wheels is approx 3 400 ea the first year of the contract.

The purchase on the framework agreement is based on a 12 month forecast, where actual submitted purchase orders are subsequently updated for variations in volume forecasts and DSB has the right to adjust volumes close to the delivery date. Delivery takes place in small batches in frequent intervals, as DSB facilities have limited space for storage and handling of wheels.

The tender includes the following specific solid wheels:

— DD, No 770503051 wheel F/doubbeldecker,

— IC3 No 875201283 solid wheel, D=855 MM R9T, IC3 new type 2006,

— IC4 No 600503020 solid wheel,

— IR4 No 875201286 solid wheel, D=855MM,R7T, IR4,

— IR4 No 875201287 solid wheel, IR4, trailer,

— IR4 No 875201288 solid wheel, IR4, drive,

— ME No 875201235 solid wheel, D=1 100 MM R8T, Litra ME,

— S-TOG No 4000164 wheel disk LK 845 W/ brakedisk mounting,

— S-TOG No 4000163 wheel disk LK 845 W/ brakedisk mounting,

— S-TOG No 4010872 solid wheel S-TOG U/bremseskive(4006382),

— S-TOG No 4010873 solid wheel S-TOG W/brakedisk(4006383).

2 periods of 12 calendar months. The framework agreement can prolonged in order to secure delivery of solid wheels until final phase out of all litra types covered by the agreement.

If DSB receives more than three (3) applications for pre-qualification, the limitation of candidates invited to tender will take place after an evaluation of which candidates have documented the most relevant references of deliveries, see the contract notice Section III.1.3), of the supplies and services covered by the contract, which is listed in Sections II.1.4) and II.2.4).

The evaluation of the most relevant deliveries will be made on the basis of the extent to which the references document experience with delivery of the supplies and services comparable in terms of needs, requirements and volume to the supplies covered by the contract, see the description in Sections II.1.4) and II.2.4). The assessment of which candidates have documented the most relevant references will be based on an overall assessment of whether all the references together document a high degree of relevant experience, see above.

Procurement of solid wheels for 34 trainsets named: OTU-ET 4301-4411.

— OTU No 952300075 solid wheel F/drivewheelset,

— OTU No 952350200 solid wheel F/trailerwheelset.

The contract can be prolonged with 2 periods of each 12 calendar months.

ESPD document is mandatory in this tender. Only the awarded final tenderer is required to document his information in the ESPD.

In this tender only the mandatory reasons for exclusions takes effect.

For the pre-qualified tenderers a site visit will be held.

We refer to the fulfilment of the minimum requirements in this tender. We also refer to compliance with the ILO-conventions.

We refer to the tendermaterial.

The candidate must submit the European Single Procurement Document (‘ESPD’) with the following information:

— state the financial ratios for operating profit margin for the last 3 financial years,

— state the solvency ratio (equity to total assets ratio), for the last 3 financial years,

— state the total annual turnover in the last 3 financial year available.

EBIT margin

An average EBIT margin of at least 5 % for the last 3 years.

As a minimum requirement, an EBIT margin of at least 5 % calculated as an average over the 3 most recent annual reports/financial statements available. The EBIT margin is calculated as the operator’s EBIT divided by the operators turnover x 100 (EBIT/turnover) x 100 = EBIT margin. If the candidate relies on the capacity of other entities and for group of operators (e.g. a consortium) the EBIT and turnover is to be calculated as the total EBIT/turnover of the candidate and such other entities. The information is to be stated in section IV.B of the ESPD.

Sovency ratio

An average solvency ratio of at least 20 % for the last 3 years.

As a minimum requirement, a Solvency ratio (equity to total assets ratio) is required of at least 20 % calculated as an average over the 3 most recent annual report/financial statement available. The equity to total assets ratio is calculated as the operator’s total equity divided by the operator’s total assets, calculated as a percentage. The equity to total assets ratio is thus calculated as (total equity/total assets) x 100 = solvency ratio. If the candidate relies on the capacity of other entities, the equity to total assets ratio is calculated as the candidate's and such other entities’ total equity divided by their total assets, calculated as a percentage. For groups of operators (e.g. a consortium), the equity to total assets ratio is calculated as the total equity of the operators divided by their total assets, calculated as a percentage. The information is to be stated in section IV.B of the ESPD.

Turnover

An average turnover of at least 120 000 000 DKK for the last 3 years.

As a minimum requirement, a total annual turnover of at least 120 000 000 DKK is required calculated as an average over the 3 most recent annual report/financial statement available. If the candidate relies on the capacity of other entities, the turnover is to be calculated as the total turnover of the candidate and such other entities in the most recent financial year available. For groups of operators (e.g. a consortium), the turnover is calculated as the total turnover of the operators in the most recent annual report/ financial statement available. The information is to be stated in section IV.B of the ESPD.

The candidate must submit the ESPD with the following information:

A list of the 5 most significant comparable deliveries of supplies, see Sections II.1.4) and II.2.4), that the candidate has carried out in the last 5 years before the expiry of the application deadline.

The following information should be provided in the eESPD for each of the references:

— name of the referenced client,

— engagement period (start and end year of the engagement — if the reference is ongoing or operating, DSB would like a description of status),

— a thorough description of the logistic setup from order confirmation to delivery of finished product at the gates of the reference client,

— a thorough description on the delivered and implemented parts,

— description of the delivery organization, including prime contractor's and subcontractor's roles and responsibilities.

If more than five (5) references are submitted DSB will only include the first five (5) in the prequalification process, cf. Section II.2.9).

The candidate shall be certified in accordance with ISO 14001 or equivalent and IRIS or equivalent.

For tenderers registrated in Denmark having a Danish CVR No issued, the rules for invoicing and payment to public companies are mandatory.

No explicit form is required.

In case the tender is awarded to a consortium Orderer (DSB) requires the consortium to accept joint and several liability.

In the agreement the consideration for the principals in the UN Global Compact (OECD giudelines) will take effect. We refer to the ILO-Conventions 94 on working clauses in contracts with public companies.

In the agreement between orderer and tenderer it is a mandatory requirement that tenderer can provide high quality skilled technical support and guiding.

Participation in the tendering procedure may only take place via the electronic tendering system used by DSB, see Section I.3). For access to the procurement documents, the candidate must be registered or register as a user.

All communication in connection with the tender procedure, including questions and answers, must take place through the electronic tendering system.

The candidate must as its application to participate in the tender submit an ESPD as preliminary documentation of the circumstances in section 148(1), paras (1)-(3) of the Danish Public Procurement Act, cf. s.11 of Ministerial Order on procurement by entities operating in the water, energy, transport and postal services sectors (‘Ministerial Order’). The ESPD document is to be completed directly in the electronic tendering system. See the address set out in Section I.3).

For groups of operators (e.g. a consortium), a separate ESPD must be submitted for each participating economic operator. A group of operators shall besides the ESPD documents submit a signed consortium declaration declaring that each operator in the consortium is jointly and severally liable, directly and unconditionally, to the contracting entity for any obligation in relation to the consortium‘s tender. The candidate is encouraged to use the template for consortium declaration, cf. Appendix A.

If the candidate relies on the capacity of other entities, an ESPD must be submitted for each of the entities on which the candidate/tenderer relies. The candidate must prove that the necessary resources from the supporting entities will be made available to the candidate. The supporting entity/entities shall undertake joint and several liability to the contracting entity for any obligation made in the declaration. The candidate is encouraged to use the template for support declaration, cf. Appendix B.

The candidate will be excluded from participation in the tendering procedure 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 ministerial order, unless the candidate has submitted sufficient documentation for its reliability cf. s.138 of the Danish Public Procurement Act, cf. s.10(1), Para. (2) of the Danish Implementing Order (implementeringsbekendtgørelsen).

DSB intends to ask the applicants to provide documentation for their fulfillment of the circumstances set out in section 148(1), paras (1)-(3) of the Danish Public Procurement Act, cf. s.11 of ministerial order after pre-qualification. The type of documentation depends of the documentation issued in the relevant country.

Before the decision to award the contract is made, the tenderer to whom DSB intends to award the contract must provide documentation of the information submitted in the ESPD pursuant to sections 151 and 152(3), cf. section 11 of the Danish implementing order.

Interested operators are requested to keep updated via the electronic tendering system.

In the event of change of the tenderer, the provisions of s.147 of the Danish Public Procurement Act will apply in their entirety.

DSB may ask the candidate to supplement, specify or complete the application pursuant to Article 76, para. (4) of the utilities directive if the application does not comply with the formal requirements of the tender documents.

The procurement is conducted subject to the achievement of the necessary funding basis.

DSB reserves the right to award the contract on the basis of the initial tender.

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 applicants 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 standstill 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 https://naevneneshus.dk/start-din-klage/klagenaevnet-for-udbud/

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