III.1.2) Economic and financial standing

☐ Selection criteria as stated in the procurement documents

List and brief description of selection criteria:

The candidate must submit a completed version of the European Single Procurement Document (ESPD), including Part IV, section B, with the following information:

- The total annual turnover in the last three financial years available

- The EBIT margin (EBIT/turnover * 100) in the last three financial years available

- The solvency ratio (equity to total assets ratio) in the last three financial years available

The ESPD serves as provisional documentation that the candidate fulfils the minimum suitability requirements in respect of economic and financial capacity.

Before the decision to award the contract is made, the tenderer to whom the contracting entity intends to award the contract must submit documentation that the information stated in the ESPD is accurate.

Upon the contracting entity'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 three 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 candidate’s average EBIT margin (calculated by dividing EBIT with turnover (EBIT/turnover*100)) in the last three 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 candidate’s average solvency ratio (calculated as (equity/total assets*100) in the last three 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.

The candidate 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:

1: An average total annual turnover of at least DKK 100 mio

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

3: An average solvency ratio of at least 10 % – 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 one 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; in this case, the candidate and supporting entities should provide the information necessary in the ESPD to allow for correct calculations.

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 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.

DSB intends to ask the candidate 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).

III.1.3) Technical and professional ability

☐

☐ Selection criteria as stated in the procurement documents

List and brief description of selection criteria:

The candidate must submit the ESPD with the following information:

3 references, that the candidate has carried out in the last 3 years before the expiry of the application deadline.

No more than 3 references may be stated, irrespective of whether the candidate is a single operator, whether the candidate relies on the technical capacity of other entities, or whether the candidate is a group of operators (e.g. a consortium).

If more than 3 references are stated, only the first 3 references will be taken into account. Any additional references will be disregarded.

If it is not possible to decide which references are the first 3 references, the references will be selected by drawing lots.

The ESPD serves as provisional documentation that the candidate the candidate's/tenderer's compliance with the selection criterion, see section II.2.9).

Only references relating to deliveries carried out at the time of application will be given importance in the evaluation of which candidates have demonstrated the most relevant references, see section II.2.9). Hence, in the event of an ongoing task, only the part of the services already having been performed at the time of application will be included in the evaluation of the reference.

Each reference is requested to include a brief description of the delivery performed. The delivery description should include a very clear description of the primary service set out in section II.2.4) to which the delivery is related and the candidate's role(s) in the performance of the delivery. The reference is furthermore requested to include the financial value of the delivery (amount), date of delivery and name of the customer (recipient).

When indicating the date of the delivery, the candidate is requested to indicate the date when the delivery was commenced and finalized. If that is not possible, e.g. if the tasks were performed on an ongoing basis under a framework agreement, the candidate is asked to specify the circumstances of the date in the description.

No additional documentation of technical and professional capacity will be required from the candidate. However, the contracting entity reserves the right to contact the customer stated in the reference for confirmation of the information stated in the reference, including the dates of the reference indicated.

Candidates must submit a minimum of three (3) references, that the candidate has carried out in the last 3 years before the expiry of the application deadline.

Payment terms are NET 30 days.

Reference is furthermore made to the electronic invoicing required and the option of ordering electronically pursuant to (Consolidated) Act no. 798 of 28 June 2007 about payment to public authorities, etc., as amended. The consolidated act is available (in Danish) at www.retsinformation.dk.

If the Contract is awarded to a group of economic operators (e.g. a consortium), each participant of the group must assume joint and several liability, directly and unconditionally, and appoint a joint representative.

The contract has to the relevant extent incorporated the corporate social responsibility considerations laid down in the conventions on the basis of which the principles of the UN Global Compact are worded and as laid down in the OECD Guidelines for Multinational Enterprises. The contract furthermore lays down requirements pursuant to ILO Convention no. 94 on labour clauses in public contracts and Circular no. 9471 of 30 June 2014.

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 regis-ter as a user.

All communication in connection with the tender procedure, including questions and answers, must take place through the electronic tendering system. DSB would prefer that questions regarding prequalification are submitted within 15 April 2019.

The candidate must as its application to participate in the tender submit an ESPD as preliminary documentation of the cir-cumstances in section 148(1), paras (1)-(3) of the Danish Public Procurement Act, cf. s.11 of Ministerial Order on procure-ment by entities operating in the water, energy, transport and postal services sectors (“Ministerial Order”). The ESPD docu-ment 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. Appen-dix H.

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 I.

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 en-tirety.

An information meeting will be held 3th of April. For more information see the tender specifications.

DSB may ask the candidate to supplement, specify or complete the application pursuant to Article 76, para. (4) of the Utili-ties 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.

VI.4.3) Review procedure

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 e-mail 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/