Payment Gateway and Acquiring — Contract Regarding Payment Gateway and Acquiring Services, including Related and Complementary Services

Participation in the tender procedure can only take place electronically via EU-Supply. To access the tender material, the applicant must be registered or register as a user in EU-Supply, which can be done free of charge.

The applicants and tenderers may ask written questions during the tender procedure. Questions are asked via EU Supply's dedicated module for questions. The deadline for submission of questions during the pre-qualification phase is 9 calendar days before the deadline for submission of applications. Questions received later cannot be expected to be answered. In addition to this, questions can only be expected to be answered if it is possible to answer them no later than 6 calendar days before the deadline.

Applications are submitted in EU Supply's dedicated module for submission of applications. The application is a filled out ESPD. In the case of an association of economic operators (a consortium), a separate ESPD must be submitted for each of the participating economic operators. The ESPD of the other participating economic operators shall contain the information required in Part II-V of the ESPD. By submitting the ESPD, the economic operators of the association declare to assume direct, joint and several and unlimited liability for the fulfilment of the contract.

If the applicant relies on the ability of other entities, an ESPD must be submitted for each of the entities on which the applicant relies on. The relevant information for each entity on which the applicant relies on, is stated in Part II, A + B and Part III of the ESPD, as well in Part IV, B, C and Part V. By submitting the ESPD, each of the entities on which the applicant bases his capacity declare, to assume direct, joint and several and unlimited liability for the fulfilment of the contract.

An economic operator can only be a participant in one association of economic operators (a consortium). However, the same economic operator may well be a participant in one association and at the same time let other tenderers rely on it or be a subcontractor to several tenderers.

However, each applicant may submit only one application for pre-qualification.

The applicant will be excluded from participation in the tender procedure if the candidate is covered by the mandatory grounds for exclusion mentioned in sections 135 and 136 of the Danish Public Procurement Act (Udbudsloven), unless the applicant has submitted sufficient documentation that the applicant is reliable in accordance with section 138 (self cleaning).

At any time during the tender procedure, but before the award decision, the contracting authority can demand, that the tenderers who are still participating in the procedure or to whom the contracting authority intends to award the contract, must submit documentation for the information submitted in the ESPD.

Subcontractors on whom the applicant has relied on, must sign a declaration of commitment that bind the subcontractors to be jointly and severally liable for the fulfillment of the contract, as part of the documentation.

Each economic operator in an association of economic operators, must sign a declaration concerning formation of consortium that binds each economic operator to be jointly and severally liable for the fulfillment of the contract, as part of the documentation.

Regarding section IV.2.4) in the contract notice: questions, applications and tenders are submitted in English. The contracting authority reserves the right to disregard those parts of the questions, applications and tenders which have not been submitted in English.

Clause 1.6 in the tender specifications regarding confidentiality also applies to the applications.

According to the Danish act on the Complaints Board for Public Procurement (Lov om Klagenævnet for Udbud), the following deadlines apply for filing a complaint:

Complaints regarding a candidate not being prequalified must be filed with the Danish Complaints Board for Public Procurement (Klagenævnet for Udbud) within 20 calendar, cf. section 7, paragraph 1 of the Act, starting the day after the contracting authority has sent notification to the candidates involved, provided that the notification includes a short account of the relevant reasons for the decision, cf. section 2, paragraph 1 of the Act and section 171, paragraph 2 of the Danish Public Procurement Act (Udbudsloven).

Other complaints must, cf. section 7, paragraph 2 of the Danish act on the Complaints Board for Public Procurement Act (Lov om Klagenævnet for Udbud), be filed with the Danish Complaints Board for Public Procurement (Klagenævnet for Udbud) within:

1) 45 calendar days after the contracting authority has published a contract award notice in the Official Journal of the European Union (with effect from the day following the publication date);

2) 30 calendar days starting the day after the contracting authority has informed the tenderers in question, that the contracting authority has entered into a contract based on a framework agreement through reopening of competition or a dynamic purchasing system, provided that the notification includes a short account of the relevant reasons for the decision;

3) 6 months starting the day after the contracting authority has sent notification to the candidates/tenderers involved that the contracting authority has entered into the framework agreement, provided that the notification included a short account of the relevant reasons for the decision, cf. section 2, paragraph 2 of the Act and 171, paragraph 4 of the Danish Public Procurement Act (Udbudsloven);

4) 20 calendar days from the day after the contracting authority has notified its decision, cf. section 185, paragraph 2 of the Danish Public Procurement Act (Udbudsloven).

No later than the time a complaint is lodged with the Danish Complaints Board for Public Procurement (Klagenævnet for Udbud), the complainant must notify the contracting authority in writing that a complaint is submitted to the Danish Complaints Board for Public Procurement (Klagenævnet for Udbud), and whether the complaint has been filed during the standstill period, cf. section 6, paragraph 4 the Danish act on the Complaints Board for Public Procurement (Lov om Klagenævnet for Udbud). In cases where the complaint has not been lodged during the standstill period, the complainant must also indicate whether a suspensory effect is requested from the complaint, cf. section 12, paragraph 1 of the Act.

The Danish Complaints Board for Public Procurement (Klagenævnet for Udbud) email address is stated in section VI.4.1).

The Danish Complaints Board for Public Procurements (Klagenævnet for Udbud) complaint instructions can be found at: www.erhvervsstyrelsen.dk