Fakta om udbudet
Bestilling af materiale
Udbyder
Danish Ministry of Defence Acquisition and Logistics Organisation
Vindere
Contract for delivery and maintenance of a contract lifecycle management solution with associated services
(23.08.2023)
Accenture A/S
Bohrsgade 35, Copenhagen V
1799 Copenhagen
Opdateringer
II.2.9
Placing the text to be modified:Section II.2.9
instead of:
"[...] which is located at the ETHICS-webportal [...]"
Read:
"[...] which is located at the webportal [...]"
VI.3
Placing the text to be modified:Section VI.3
instead of:
"[...] which is located at the ETHICS-webportal [...]"
Read:
"[...] which is located at the webportal [...]"
Contract lifecycle management (CLM) solution
Danish Ministry of Defence Acquisition and Logistics Organisation
Contract notice
Services
Section I: Contracting authority
National registration number: 16-28-71-80
Postal address: Lautrupbjerg 1-5
Town: Ballerup
NUTS code: DK0 Danmark
Postal code: 2750
Country: Denmark
Contact person: Thomas Bach Tengberg
E-mail: FMI-KTP-SD-AC-CLM@MIL.DK
Telephone: +45 24764237
Internet address(es):
Main address: www.fmi.dk
National registration number: 16-28-71-80
Postal address: Lautrupbjerg 1-5
Town: Ballerup
Postal code: 2750
Country: Denmark
Contact person: Thomas Bach Tengberg
Telephone: +45 24764237
E-mail: FMI-KTP-SD-AC-CLM@MIL.DK
NUTS code: DK0 Danmark
Internet address(es):
Main address: www.fmi.dk
Section II: Object
Contract lifecycle management (CLM) solution
DALO has decided to digitalize its contracts and procurement documents through a Contract Creation System.
DALO is looking for a standard solution for Contract Creation delivered either as Software as a Service (SaaS) or as software components to be installed in DALO’s closed internal IT-infrastructure.
Through a software supported clause library, modular set up and wizard, the Contract Creation System shall support DALO’s different document types and the overall user experience of the Sourcing Managers when creating contracts and other procurement documents.
DALO intends to streamline and automate its ways of working with Contract Creation. DALO has decided to digitalize its contracts and procurement documents through a Contract Creation System. The Contract Creation System that DALO has decided to purchase will not replace another Contract Creation System, as Contract Creation is not digitalized in a software solution at DALO today. The focus is to support all of DALO’s business needs in relation to Contract Creation driven by the requirements in the respective departments Legal and Acquisition & Contracting as well as the operational functions.
Through a software supported clause library, the Contract Creation System shall support DALO’s different document types ranging from very complex documents to very simple documents. The Contract Creation System shall support DALO’s documents in both complexity and volume, as some of the documents are very complex and the DALO, as of today, has approximately 125 different templates that needs to be aligned to the extent possible and structured in a modular setup based on one combined clause library.
The Contract Creation System will be used holistically across DALO by the different departments, but the primary users will be employees in Legal and Acquisition & Contracting. The Contract Creation System should be able to support the Contract Creation phase, including initiation and completion of first draft, internal review and authoring as well as negotiation with Third Party Users and signing of the contracts. Additionally, the Contract Creation System shall also fulfil a number of general requirements which cover the general use of the Contract Creation System.
It is of great importance to DALO, that the Contract Creation System besides automating the back end part of contract creation also provides a user interface, capabilities and support so as the primary users will have a user-friendly experience of working with the system.
DALO shall be entitled to extend the contract for 2 (two) 24 (twenty-four)-month periods at a notice of three months before the expiry of the contract.
For the purpose of achieving the best possible competition, DALO will choose a number of candidates for participation in the tender procedure based on the candidate’s size. Thus, the candidates will be divided into the following groups of enterprises based on information about the candidates’ number of full time employees, turnover and balance sheet total: (1) microenterprises, (2) small enterprises, (3) medium-sized enterprises and (4) large enter-prises. The definition of the said groups are partly based on the Commission Recommendation of 6 May 2003 (2003/361/EC) and is described in full detail in the document “Additional information”, which is located at the ETHICS-webportal, cf. section I.3). It is underlined that it is the definition described in the said document that is appliacable.
Thus, it is DALO’s intention to choose:
- up to 2 candidates which are micro or small enterprises (group 1);
- up to 2 candidates which are medium-sized or a large enterprises (group 2)
If DALO receives fewer applications for participation within a group than the number of candidates DALO has assigned to that particular group, DALO will not invite additional candidates from other groups.
However, DALO will deviate from this rule if this is necessary to be able to invite three candidates to the tender procedure. In this case, DALO will apply the principles for limitation of candidates as described below within
each group and then by priority choose a number of the remaining candidates from group 2, and group 1 until a total of three candidates are invited to participate (only one additional candidate will be chosen from each group,
unless there are no remaining candidates in the other groups). For illustration purposes see example hereof in the document “Additional information”.
The candidate must in the ESPD, Part V: Reduction of the number of qualified candidates, state in the textbox for further information, which group of enterprise the candidate is defined as. Furthermore, the candidate should in the textbox submit the most relevant information for determining which group of enterprise the candidate is defined as. As a minimum, the following data should be stated: Number of full time employees, annual turnover and balance sheet total. If the candidate is relying on other entities, cf. above, these entities must also submit an ESPD. However, they shall not provide information about which group of enterprise the entity is, number of full time employees, annual turnover or balance sheet, since this information is already included in the determination of which group of enterprise the candidate is defined as, and this information shall thus instead be stated in the candidate’s ESPD, cf. the document “Additional information”.
The candidate must on DALO’s request provide documentation establishing that the candidate at the time of application for participation was defined as the specific group of enterprise. Documentation may be annual reports or excerpts thereof, an auditor’s statement or equivalent forms of documentation.
The limitation of candidates within each group of enterprises will be based on an evaluation of which candidates have documented the most relevant previous deliveries in comparison to the contract/purchases described in section II.1.4) and section II.2.4). In the evaluation, DALO will take into account the nature and quantity of the previous deliveries and the time of delivery so that more recent deliveries will be deemed more relevant than older deliveries. The evaluation will be based on the list submitted by the candidates in the European Single Procurement Document (ESPD) according to section III.1.3). Please note that any ambiguities and/or incomprehensibilities in the information submitted may be regarded negatively in the evaluation when selecting the limited numbers of candidates.
DALO shall with a written notice of one (1) week, in the duration of the contract have the opportunity to purchase
extra user accesses for the Solution.
DALO shall have the opportunity to purchase access for five (5) category 1 users with a duration of one (1) year.
This shall be possible to do a hundred (100) times.
DALO shall have the opportunity to purchase access for one (1) category 2 users with a duration of one (1) year.
This shall be possible to do a hundred (100) times
DALO shall have the opportunity to purchase access for five (5) category 3 users with a duration of one (1) year.
This shall be possible to do a hundred (100) times.
DALO shall have the opportunity to purchase access for two (2) category 4 users with a duration of (1) year.
This shall be possible to do fifty (50) times.
Section III: Legal, economic, financial and technical information
The candidate must use the European Single Procurement Document (electronic version, hereafter ESPD –) and provide the following information in the ESPD:
Its equity ratio (calculated by dividing the candidate's equity with the candidate's total assets (equity/total assets x 100) at the end of the last 2 financial years, to the extent such information is available, cf. Part IV, section B.
Upon request from DALO the tenderer must submit the following documentation: Annual reports or excerpts hereof or other documentation stating the candidate's equity ratio (calculated by dividing the candidate’s equity with the candidate’s total assets (equity/total assets x 100) at the end of the last 2 financial years, to the extent such information is available. When groups of entities (e.g. consortiums), including temporary joint ventures, participate in the tender procedure together, the documentation must be provided for each of the participating entities. If the candidate relies on the economic and financial standing of another entity or entities (e.g. a parent or sister company or a sub supplier), the documentation must equally be provided for each entity or entities.
Be advised that DALO at any time during the procurement procedure can request that the candidate presents the above mentioned documentation if this is deemed necessary to secure that the procurement procedure is conducted correctly. In this situation, DALO will set an appropriate time limit for the submission of the documentation.
Please note that a candidate may rely on the economic and financial standing of other entities (e.g. a parent or sister company or a sub supplier), irrespective of the legal nature of the relations between the candidate and the
entity or entities on which the candidate relies. In this case, the candidate shall ensure that an ESPD from the entity or entities on which the candidate relies is submitted along with the candidates own ESPD. The entity or entities’ ESPD must equally provide the information listed above.
The candidate must have had a positive equity ratio for each the last 2 financial years. The equity ratio is calculated by dividing the candidate's equity with the candidate's total assets (equity/total assets x 100).
If the candidate is composed of a group of entities (e.g. consortium), including temporary joint ventures, the equity ratio is calculated by dividing the sum of all the participants’ equities with the sum of all the participants’ total assets (sum of equity/sum of total assets x 100) in each of the last 2 financial years available.
If the candidate relies on the economic and financial standing of an entity or entities, the equity ratio is calculated by dividing the sum of the candidate’s and the entity or entities’ equity with the sum of the candidate’s and the entity or entities’ total assets (sum of equity/sum of total assets x 100) in each of the last 2 financial years available.
A list of the most important similar deliveries (references), cf. section II.1.4) and II.2.4), carried out prior to the deadline for the request to participate, cf. Part IV, section C.
Only the deliveries (references) performed at the time of the deadline for the request to participate will be considered when assessing which candidate has documented the most relevant previous deliveries, cf. section II.2.9). If the delivery in question is ongoing, it is only the part of the services completed at the time of the deadline for the request to participate which will be included in the assessment of the delivery (reference).
Consequently, if a part of the services has not been completed at the time of the deadline for the request to participate, this particular part will not be included in the assessment of the delivery (reference). Therefore, it is
important that the candidate clearly states which part (e.g. with regards to value or quantity, etc.) of an ongoing delivery (reference) that has been carried out.
Reference is made to the procurement documents regarding payment terms. Invoicing must be done in accordance with the applicable Danish legislation on public payments. At present, this is Danish consolidation
act. no. 798 of June 2007 which requires electronic invoicing. Exact terms are stated in the contract.
No particular legal form is required. If the contract is awarded to a group of suppliers (e.g. a consortium), the participants shall undertake joint and several liabilities and to appoint one supplier to represent the group.
The contract contains requirements regarding labour clause, CSR requirements and international sanctions; reference is made to appendix 15 for further information.
The contract contains requirements regarding information security; reference is made to appendix 14A for further information.
Section IV: Procedure
Section VI: Complementary information
August 2032
DALO demands that the candidate and each of the legal entities whose economic and financial capacities the candidate relies on undertake joint and several liability for the performance of the contract.
Please see the document “Additional information”, which is located at the website, cf. section I.3), for further information regarding language requirements in the tender procedure.
The use of the ESPD is a precondition for participation in the procurement procedure, cf. § 148 of the Public Procurement Act. DALO shall require that the candidate apply the ESPD as preliminary evidence that the
candidate is not subject to the grounds of exclusion stipulated in §§ 135 and 136 of the said Act, that the candidate fulfils the minimum requirements for suitability fixed in accordance with § 140, cf. section III.1.2), and
how the candidate fulfils the objective and non-discriminatory criteria of selection, cf. § 145(2), cf. section II.2.9).
The candidate and, if relevant, the participants in the group of entities or/and entities on which the candidate relies on, must use the ESPD available at the website, cf. section I.3). The ESPD shall be fulfilled and submitted
to the e-mail address stated in section I.3). The ESPD document must be signed by the supporting entity. It is not necessary for the candidate to sign the ESPD document. If the candidate is a group of entities (consurtiums),
each participant’s ESPD document must be signed by the participant in question. It is not necessary for the participant submitting the tender to sign his ESPD document.
Prior to decision on award of the contract, DALO shall require that the tenderer to whom DALO intends to award the contract presents documentation for the information stated in the ESPD, cf. §§ 151-155 of the said Act.
Please see the document “Additional information”, which is located at the ETHICS-webportal, cf. section I.3), for further information on the matter.
The contract is not divided into lots on the grounds described in the document “Additional information”, which is located at the website, cf. section I.3).
For further information regarding this procurement, please see the document “Additional information”, which is located at the website, cf. section I.3).
DALO does not provide remuneration for the participants in the tender.
The negotiation phase is generally expected to proceed as follows:
After receiving the initial tenders, negotiation meetings will be held with the tenderers.
During the negotiation process, the tenderers can ask questions in writing about the tender materaiel and the subject of the contract.
Following the negotiations, DALO may issue a revised tender material for a further initial or final offer.
Tenderers will at the same time be informed hereof with a request to submit an initial or final tender.
After receiving the final tenders, DALO conducts tender evaluation and decides on the award of the contract.
Reference is made to the more detailed description in the tender conditions
Postal address: Toldboden 2
Town: Viborg
Postal code: 8800
Country: Denmark
E-mail: klfu@naevneneshus.dk
Telephone: +45 72405600
Internet address: https://klfu.naevneneshus.dk/
Pursuant to the Danish Consolidation Act no. 593 of 2 June 2016 on the Complaints Board for Public Procurement (available at www.retsinformation.dk), the following time limits for filing a complaint apply:
Complaints regarding a candidate not being pre-qualified 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, cf. § 7(1) of the Act on The Complaints Board for Public Procurement, provided that the notification includes an account of the reasons for the decision.
Other complaints must in accordance with § 7(2) of the Act on The Complaints Board for Public Procurement be filed with The Complaints Board for Public Procurement within:
1) 45 calendar days after the contracting authority has published a contract award notice in the Official Journal of the European Union. The time limit is calculated from the day after the publication date.
2) 30 calendar days starting the day after the contracting authority has notified 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 an account of the reasons for the decision.
3) 6 months after the contracting authority has entered into the framework agreement, calculated starting the day after the contracting authority has sent notification to the candidates and tenderers involved, cf. § 2(2) or §
171(4) of the Public Procurement Act, provided that the notification included an account of the reasons for the decision.
4) 20 calendar days starting the day after the contracting authority has published a notice concerning his decision to uphold the contract, cf. § 185(2) of the Public Procurement Act.
The complainant must inform the contracting authority of the complaint in writing at the latest simultaneously with the lodge of the complaint to The Complaints Board for Public Procurement stating whether the complaint
has been lodged in the stand-still period, cf. § 6(4) of the Act on The Complaints Board for Public Procurement.
If the complaint has not been lodged in the stand-still period, the complainant must also state whether it is requested that the appeal is granted delaying effect, cf. § 12(1).
Contact information for The Complaints Board for Public Procurement is stated in section VI.4.1).
The Complaints Board for Public Procurement’s own guidance note concerning complaints is available on the website stated in section VI.4.1).
Postal address: Carl Jacobsens Vej 35
Town: Valby
Postal code: 2500
Country: Denmark
E-mail: kfst@kfst.dk
Telephone: +45 41715000
Internet address: www.kfst.dk
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