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Udbyder
Danske Lotteri Spil A/S
LOTTERY GAMES SOLUTION INCLUDING RELATED SERVICES AND HARDWARE
Danske Lotteri Spil A/S
Contract notice
Services
Section I: Contracting authority
National registration number: 33034482
Postal address: Korsdalsvej 135
Town: Brøndby
NUTS code: DK Danmark
Postal code: 2605
Country: Denmark
Contact person: Jakob Johansen
E-mail: jajo@danskespil.dk
Telephone: +45 30858517
Internet address(es):
Main address: http://www.danskespil.dk
Address of the buyer profile: https://eu.eu-supply.com/ctm/Company/CompanyInformation/Index/62993
National registration number: 15976578
Postal address: Korsdalsvej 135
Town: Brøndby
NUTS code: DK01 Hovedstaden
Postal code: 2605
Country: Denmark
Contact person: Jakob Johansen
E-mail: jajo@danskespil.dk
Internet address(es):
Main address: http://www.danskespil.dk
Address of the buyer profile: https://eu.eu-supply.com/ctm/Company/CompanyInformation/Index/62993
Section II: Object
LOTTERY GAMES SOLUTION INCLUDING RELATED SERVICES AND HARDWARE
The tender is for an agreement concerning the delivery of terminals for retail and a lottery games solution as a service, including handling of number games, Klasselotteriet, physical scratch tickets and integration to gaming verticals, distribution of games in retail, integration to digital frontend and backend systems.
The deliveries shall directly and indirectly service current and future lottery and betting business both in retail and online, including new business activities that offspring from new games, game variants, channels and brands.
The main deliveries of the Agreement are:
A. Services to support Number Games
B. Services to support Klasselotteriet
C. Services to support warehouse management and sales of physical scratch tickets
D. Integration to Sports Betting and Tote gaming verticals
E. Distribution of games to retail terminals, In-lane and digital frontend
F. Terminals and spare parts
G. Integration to backend systems
The deliveries must be in compliance with EU Regulation 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
About the Contracting authority:
Danske Lotteri Spil A/S provides games within Number Games, Scratch Tickets and other e-Instant games. Det Danske Klasselotteri A/S provides the oldest lottery in Denmark with monthly drawings since 1753. Both companies are owned by Danske Spil A/S and are part of the Danske Spil group. 80% of the shares in Danske Spil A/S are held by the Danish government. The remaining 20% are held by two individual sports organisations (Danmarks Idrætsforbund and Danske Gymnastik- & Idrætsforeninger) who each own 10% of the shares.
The Agreement contains 4 separate extension options which the Contracting authority may use to renew the Agreement at his discretion. Each option gives the Contracting authority a right to renew the Agreement for one (1) year. The total extension due to the options to renewal the Agreement is 4 years.
The shortlisting of candidates invited to tender will be based on an evaluation of which candidates have documented the most relevant refences, see section III.1.3), of the services covered by the Agreement, see the description in sections II.2.4).
In the evaluation of the relevance of the references, based on an overall assessment, it is weighted positively:
1. If the references contain delivery of lottery services in the form of drawings based on a random number generator where the recipient (the customer) was covered by the EU’s GDPR regulation (EU 2016/679).
2. If the references contain delivery of both lottery services in the form of drawings based on a random number generator and delivery of lottery terminals used in retail.
3. If the references contain delivery of lottery services to support both warehouse management and sales of physical scratch tickets.
4. The total amount (revenue) of the deliveries of the references.
Criteria one (1) is given the greatest importance in the overall assessment of the most relevant references.
Three (3) candidates will be pre-qualified to submit initial tenders, if the Contracting authority receives a request for pre-qualification from three (3) suitable candidates. If the Contracting authority receives a request for pre-qualification from more than three (3) suitable candidates, the pre-qualification of the most suitable candidates will be based on which candidates document the most relevant references cf. section III.1.3), based on the information in the references provided by the candidate in Part IV, C of the ESPD, “Technical and professional capacity”.
Each candidate may only submit up to four (4) references, regardless of whether the candidate e.g. chooses to rely on the capacity of others, or whether the candidate is an association e.g. a consortium. If more than 4 references are submitted by the candidate, only the four (4) first listed references will be included. The rest will be disregarded. Please see the description of the selection criteria in section III.1.3).
An information meeting will be held on Wednesday 4 January 2023 at 14:00 p.m. to 15:00 p.m. The information meeting will primarily be about how to complete the ESPD and will be held online via Microsoft Teams. The meeting can be accessed via the link in the invitation letter in the electronic tender system (EU-Supply). EU-Supply can be accessed via the link in section 1.3) of the contract notice.
Section III: Legal, economic, financial and technical information
As a minimum requirement, a positive (above DKK 0) equity is required in the most recent annual report/financial statement available. If the candidate relies on the capacities of other entities, the equity is to be calculated as the total equity of the candidate and such other entities in the most recent annual report/financial statement available. For groups of operators (e.g. a consortium), the equity is calculated as the total equity 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.
Furthermore, as a minimum requirement, a total annual turnover of at least DKK 200 million is required in the most recent annual report/financial statement available. If the candidate relies on the capacities of other entities, the turnover is to be calculated as the total turnover of the candidate and such other entities in the most recent annual report/financial statement 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 should submit a list of the four (4) most significant comparable references, see sections II.1.4) and II.2.4).
Deliveries to the Contracting authority may be used as a reference.
Only deliveries carried out by the candidate within the period from the start date to the end date, carried out before the deadline to submit application and which have been carried out within three (3) years before the deadline to submit the application may be included in the references. Hence, in the case of an ongoing task, only the part of the deliveries already performed at the time of application may be included in the reference. Each reference is requested to include a brief description of the deliveries made.
The description should include a description of the services set out in sections II.1.4) and II.2.4) to which the delivery related and the candidate's role(s) in the performance of the delivery.
Each reference is also requested to include the following information:
*Who the recipient (customer) was
* The period to which the delivery relates to (Start date and End date)
* Whether the reference fulfills minimum requirement 1, 2, 3, 4, 5 and/or 6 set out below,
* Whether the reference contains the deliveries listed in number 1-3 in section II.2.9) and
* The amount (revenue) of the deliveries
When submitting the application, the candidate agrees that the Contracting authority can contact each recipient in order to have the accuracy of the submitted information confirmed.
As a minimum requirement, the candidate is required to document at least:
1) A reference regarding delivery of lottery services in the form of drawings based on a random number generator where the recipient (the customer) was covered by the EU’s GDPR regulation (EU 2016/679).
2) A reference regarding delivery of both lottery services in the form of drawings based on a random number generator and delivery of lottery terminals used in retail.
3) A reference regarding delivery of lottery services to support both warehouse management and sales of physical scratch tickets.
4) A reference regarding delivery of lottery services in the form of drawings based on a random number generator where the recipient (the customer) was a member of the World Lottery Association (WLA).
5) A reference regarding delivery of support of the recipient’s (the customer’s) participation in a transnational lottery cooperation such as Euro Jackpot.
6) A reference regarding delivery of a lottery solution that supports subscription purchases.
The minimum requirements can either be met (contained) in one reference that meets all six (6) requirements or up to four (4) references that together meet the requirements.
Deliveries to the Contracting authority may be used as a reference.
The ESPD serves as provisional documentation that the candidate fulfils the minimum suitability requirements in respect of technical and professional ability, see section III.1.3) and the candidate's compliance with the selection criterion, see section II.2.9).
Before the award decision is made, the tenderer to whom the Contracting authority intends to award the Agreement must submit documentation that the information stated in the ESPD is accurate.
No additional documentation of technical and professional capacity will be required from the candidate. However, the Contracting authority reserves the right to contact the candidate, or the customer stated in the reference for confirmation of the information stated in the reference.
The deliveries must be performed in accordance with Appendix 12 (Code of Conduct), including UN Guidelines on Human Rights and Business.
The tender is covered by Article 5k of Regulation (EU) No. 833/2014 as amended by Regulation (EU) 2022/576. The provision contains a ban on awarding contracts to Russian companies and Russian-controlled entities, etc. cf. article 5k, subsection 1. The Contracting authority reserves the right to demand documentation at any time during the tender that the economic operators are not covered by the ban, e.g. by requiring documentation of the place of establishment and ownership of the actors and any of their sub-suppliers.
Section IV: Procedure
Section VI: Complementary information
Participation in the tendering procedure may only take place by electronic means via the electronic tendering system used by the contracting entity.
The candidate must as its application submit an ESPD as preliminary documentation of the circumstances set out in section 148(1), paras 1-3 of the Danish Public Procurement Act (udbudsloven).
Applicants may only submit one application for pre-qualification.
Applicants and tenderers will be excluded from participation in the tender procedure if they tenderer are covered by the mandatory grounds for exclusion mentioned in section 134a, 135 and 136 or the voluntary ground for exclusion mentioned in section 137, paragraph 1, number 2 of the Danish Public Procurement Act (Udbudsloven), unless they submit sufficient documentation that they are reliable in accordance with section 138 (self cleaning).
Before the award decision is made, the tenderer to whom the Contracting authority intends to award the contract must provide documentation of the information submitted in the ESPD pursuant to sections 151-152, cf. section 153 of the Danish Public Procurement Act.
Each subcontractor on whom the applicant relies on, must submit a signed ESPD as part of the application. Furthermore, subcontractors on whom the tenderer 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 requested after the pre-qualification.
Each economic operator in an association of economic operators, must submit a signed ESPD as part of the application, except for the candidate heading the group and submitting the application who is not required to sign its ESPD document. Furthermore, the economic operators 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 requested after the pre-qualification.
Regarding section IV.2.4 of the contract notice: questions and tenders are submitted in English. The Contracting authority reserves the right to disregard those parts of the questions and tenders which have not been submitted in English. The deadline for submission of questions is 9 calendar days before the deadline for submission of the application. 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 for submission of application.
When submitting the application, the applicant agrees that the Contracting authority can contact each recipient in order to have the accuracy of the submitted information confirmed.
Further information:
In this contract notice the terms “contract” and “Agreement” are used interchangeably and refer to the Contract, Appendices and Annexes combined.
As regards sections II.1.5) and II.2.6), it should be noted that the amount is an estimate of the total remuneration for the deliveries during the entire term of the Agreement, including the price of all options. The estimate of the remuneration is based on the total value of transition delivery payment, service delivery fee, acquired terminals, extended warranties, spare parts and ad-hoc consultancy.
The Contracting authority may use the procedure of section 159(5) of the Danish Public Procurement Act in the event that applications or tenders do not comply with the formal requirements of the procurement documents.
The Agreement is not divided into subcontract, as significant economies of scale are expected by consolidating the activities.
Please see the tender specifications for further information about the tender procedure.
Postal address: Nævnenes Hus, 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 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 where the notification is accompanied by an explanation of the grounds for the decision in accordance with section 2(1), para (1) of the Act and section 171(2) of the Danish Public Procurement 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 authority has published a notice in the Official Journal of the European Union that the contracting authority 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 authority has notified the candidates concerned that a contract based on a framework agreement with reopening of competition or a dynamic purchasing system has been entered into where the notification has included an explanation of the relevant grounds for the decision.
3) 6 months after the contracting authority entered into a framework agreement calculated from the day after the day when the contracting entity notified the candidates and tenderers concerned, see section 2(2) of the Act and section 171(4) of the Danish Public Procurement Act.
4) 20 calendar days calculated from the day after the contracting authority has submitted notification of its decision, see section 185(2) of the Danish Public Procurement 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 authority 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 section 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/vejledning/
Postal address: Carl Jacobsens Vej 35
Town: Valby
Postal code: 2500
Country: Denmark
E-mail: kfst@kfst.dk
Telephone: +45 41715000
Internet address: http://www.kfst.dk
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