Internet address(es):

Main address: http://www.dr.dk

Address of the buyer profile: https://eu.eu-supply.com/ctm/Company/CompanyInformation/Index/81416

Framework agreement for IP based Broadcast Infrastructure

Through a framework agreement with up to 5 suppliers, DR is planning to purchase the most economically advantageous Deliveries of IP based Broadcast Infrastructure. Awards after the first four deliveries under the Framework Agreement is made based on re-opening the competition in the form of mini tenders, which means putting delivery agreements under the Framework Agreement out to competition once again. The Framework agreement concerns the purchase of IP based Broadcast Infrastructure equipment and services with consultant assistance Deliveries along with optional subsequent service and support of the Deliveries. IP based broadcast infrastructure is needed as a part of a new playout platform in DR and the Deliveries in this tender must operate in close connection and harmony with a variety of other systems and services in DR (as specified in appendices).

København.

Through a framework agreement with up to 5 suppliers, The Danish Broadcast Corporation (DR) is planning to purchase the most economically advantageous Deliveries of IP based Broadcast Infrastructure. Awards after the first four deliveries under the Framework Agreement is made based on re-opening the competition in the form of mini tenders, which means putting delivery agreements under the Framework Agreement out to competition once again. The Framework agreement concerns the purchase of IP based Broadcast Infrastructure equipment and services with consultant assistance Deliveries along with optional subsequent service and support of the Deliveries. IP based broadcast infrastructure is needed as a part of a new playout platform in DR and the Deliveries in this tender must operate in close connection and harmony with a variety of other systems and services in DR (as specified in appendices).

Please note, that it is optional for the Tenderer to submit a bid for Delivery no. 2, 3 and 4. There are options in each of the deliveries. Please see the framework agreement with appendices.

The framework agreement is not divided into lots on the grounds that a division of the framework agreement would not ensure a sufficient competition in the current market, but the Framework Agreement is awarded to up to 5 Suppliers. Awards under the Framework Agreement is made based on re-opening the competition in the form of mini tenders.

The tenderer must use the European Single Procurement Document (electronic version, hereafter ESPD) and provide the following information in the ESPD:

A list of the most important similar deliveries (references), cf. section II.1.4) and II.2.4), carried out within the past 3 (three) years, prior to the deadline for the submission of the offer, cf. Part IV, section C.

A similar delivery is deliveries within IP based infrastructure cf. section II.1.4) and II.2.4) or delivery of major projects (design and implementation) to a company with the same complexity and capacity in the infrastructure and channel set-up as DR.

The list of references should preferably include a short description of each delivery. The description should include a clear indication of which specific parts of the deliveries that are similar to the supplies as described in section II.1.4) and II.2.4). The description should include a description of the tenderers participation /role in the performance of the deliveries.

The description should also contain information on the date of the deliveries, the size and value of the deliveries, the recipients of the deliveries (specific names /countries are preferred, but not necessary; if no country specific information is included, the tenderer is asked to provide as much generic information as possible about the delivery) and services and training provided in connection with the deliveries (if any).

When specifying the date for the deliveries, the tenderer should state the date of commencement and completion. If this is not possible, e.g. because the delivery in question is performed on an ongoing basis according to a framework agreement, the description of the deliveries should nonetheless contain information on how the date is set.

Only the deliveries (references) performed at the time of the deadline for the submission of the offer will be considered when assessing if the minimum requirement for suitability stated below is fulfilled.

If the delivery in question is ongoing, it is only the part of the supplies performed and completed at the time of the deadline for the submission of the offer which will be included in the assessment of the delivery.

The list must contain a maximum of 5 previous deliveries whether the tenderer is one entity, composed of a group of entities (e.g. consortium), including temporary joint ventures or relies on the technical and professional capacity of other entities.

If the list contains more than 5, DR will only consider the first 5 deliveries on the list. Deliveries beyond this number will be disregarded.

A tenderer may rely on the technical and professional capacity of other entities (e.g. a parent or sister company or a sub supplier), irrespective of the legal nature of the relations between the tenderer and the entity or entities on which the tenderer relies. In this case, the tenderer shall ensure that an ESPD from the entity or entities on which the tenderer relies is submitted along with the tenderer’s own ESPD. The entity or entities’ ESPD must equally provide the information listed above.

The tenderer will not be required to present further documentation for the technical and professional capacity (i.e. the information stated in the ESPD is considered sufficient). However, DR reserves the right to contact the tenderer and / or the recipients of the deliveries in order to verify the information stated in Part IV, section C in the ESPD, including details on the specified dates of the performance of the deliveries.

The Tenderer must demonstrate experience with as a minimum one similar delivery (and a maximum of five) within the past 3 years prior to the deadline for the request to participate.

Reference is made to the tender documents regarding payment terms. Invoicing must be done in accordance with the applicable Danish legislation on public payments. Exact terms are stated in the framework agreement.

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 framework agreement must be conducted in consideration of social responsibility (CSR) and it contains a labour clause, please see Appendix 9 for further information.

DR demands that the tenderer and each of the legal entities whose capacities the tenderer relies on undertake joint and several liability for the performance of the framework agreement.

The use of the ESPD is a precondition for participation in the procurement procedure, cf. § 148 of the public procurement Act. DR shall require that the tenderer apply the ESPD as preliminary evidence that the tenderer is not subject to the grounds of exclusion stipulated in §§ 135 and 136 of the said Act, that the tenderer fulfils the minimum requirements for suitability fixed in accordance with § 140, cf. section III.1.2) and III.1.3).

The tenderers and, if relevant, the participants in the group of entities and /or supporting entities, must use the electronic version of the ESPD. DR has prepared an ESPD (an XML-file) available at EU-supply. DR strongly encourages the tenderer to use this XML-file when completing the ESPD.

The tenderer must upload the XML-file to this website https://ec.europa.eu/growth/tools-databases/espd/welcome where the ESPD can be completed and later exported. No other versions than the EPSD must be used.

Prior to decision on award of the contract, DR shall require that the tenderer to whom DR intends to award the contract presents documentation for the information stated in the ESPD, cf. §§ 151-155 of the said Act.

If a tenderer relies on the capacity of other entities, cf. section III.1.2 and III.1.3, the tenderer shall upon request provide statements of support or other documentation proving that the tenderer has access to the necessary technical and professional capacity, and that the entity referred to has a legal obligation to the tenderer. If such documentation is not provided, DR cannot consider the technical and professional capacity of the other entity or entities.

DR shall exclude a tenderer from participation in the procurement procedure, if the tenderer is subject to one of the compulsory grounds for exclusion in §§ 135 and 136 of the said Act unless the tenderer has provided sufficient documentation that the tenderer is reliable in accordance to § 138 of the said Act. Please note that certain voluntary exclusion grounds in Directive 2014/24/EU on public procurement have been made compulsory in § 136 of the said Act.

If the same legal entity is a part of or in any other way participates in several offers, e.g. submits his own offer and at the same time participates in a consortium which also submit an offer, the tenderer shall ensure that the same legal entity's participation does not provide for opportunity for Mutual coordination of their offers. DR reserves the right to request the tenderers to establish and reassure DR that the same legal entity's participation does not threaten the transparency and distort competition between the tenderers.

DR reserves the right — but is not obliged — to use the remedies provided for in Section 159(5) of the Danish Act on public procurement (act. nº 1564 of 15.12.2015) — available at www.retsinformation.dk if applications or offers do not fulfil the formalities of the tender documents.

Internet address: https://erhvervsstyrelsen.dk/klagenaevnet-for-udbud

Precise information on deadline(s) for review procedures:

Pursuant to Section 3 of the Danish Consolidation Act nº 593 of 2.6.2016 on the Complaints Board for Public Procurement (available at www.retsinformation.dk), the following time limits for filing a complaint apply:

Complaints regarding public procurements and decisions subject to Chapter II or III of the Public Procurement Act, which does not concern a candidate not being invited to tender, 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 (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, cf. § 2(2) or § 171(4) of the public procurement act, provided that the notification included a short account of the relevant 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 s0tand-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) of the said Act.

The e-mail of 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 at the internet address stated in section VI.4.1.

Danish Consolidation Act nº 593 of 2.6.2016 on the Complaints Board for Public Procurement (available at www.retsinformation.dk).

Internet address: www.kfst.dk