Internet address(es):

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

Address of the buyer profile: https://eu.eu-supply.com/ctm/Company/CompanyInformation/Index/63264

Contract on a Solution for Planning and Dispatching of Rolling Stock and Crew

The purpose of the public procurement procedure is delivery, support, hypercare, maintenance and further development of an IT-platform for future planning and dispatching. The platform for future planning and dispatching must support DSB in a better, faster and more agile planning and dispatching process.

I. Background and purpose DSB (Danish State Railway) is an independent public corporation owned by the Danish Ministry of Transport.

DSB’s goal is to offer attractive journeys by train to our customers. Annually DSB has more than 195 million passengers and employs approximately 7 400 people. Historically the end-to-end planning process of DSB has followed a sequential “waterfall” model. The process makes it difficult and costly to react to changes. The Danish railway infrastructure is undergoing large changes, such as new tracks and speed upgrades, electrification and exchange of the signalling system across the entire national network to ETCS and for S-train CBTC technology and replacement of a significant part of the current fleet. These changes drive the need for a faster and more agile planning process. In addition to these changes, DSB have the needs is under ongoing political expectations for continuous improvement of the train service quality and costs and a significant part of these improvements are related to DSB’s capabilities

within planning. Therefore, DSB needs an ITSolution for future planning and dispatching that ensures informed planning decisions based on in-depth understanding of consequences of decisions for the final plan and dispatching. The scope that the IT-Solution for future planning must cover is:

— planning within DBS’s fields of rolling stock and crew including derived process and system integration,

— the planning process from strategical, tactical, operational planning to dispatching and recovery.

The key objectives for future Planning are defined as:

— faster and more agile planning process,

— improved network,

— efficiency and punctuality,

— improved planning,

— efficiency,

— improved employee satisfaction,

— minimize operational risk,

— platform for the future.

The IT-Solution for future planning and dispatching will hold a central place in DSB’s complex system landscape why the implementation of the solution for future planning is assumed to take place with close cooperation with DSB utilizing an agile approach. In addition, the central role entails that the Solution for future planning will have a considerable number of integrations to existing DSB systems, not solely in the planning and dispatching process.

The following main services can be highlighted covered by the contract on the Solution: II Main services:

A) Delivery of a configurable standard solution that supports planning and dispatching regarding:

a) The disciplines rolling stock and crew planning;

b) The time horizon from strategical, tactical, operational planning to dispatching and recovery;

B) Implementation of a standard solution delivered in partial deliveries structured by discipline and time horizon where each partial delivery is delivered in iterations using an agile method and implemented in a third-party operations environment;

C) Maintenance and support of a solution which demands a very high degree of stability and further development of the solution focusing on innovation to ensure a solution that is fully up-to date and consultancy regarding the solution.

DSB can extend the Contract for an additional period of 72 months. In addition, DSB can extend the Contract for a further period of 12 months in accordance with clause 43 of the Contract.

The limitation of candidates invited to tender will take place after an evaluation of which candidates have documented the most relevant references of deliveries, see section III.1.3), of the “Main services” covered by the contract, which is listed in section II.2.4). The evaluation of the most relevant deliveries will be made on the basis of the extent to which the references document experience with delivery of “Main Services” comparable in terms of needs, requirements and volume to the main services covered by the contract, see the description in sections II.1.4) and II.2.4). The assessment of which candidates have documented the most relevant references will be based on an overall assessment of whether all the references together document a high degree of relevant experience, see above.

1) DSB want an option for a Mobile Solution. The Supplier must upon DSB’s request provide a mobile solution, available across mobile devices, with tailored information relevant for specific type of employees as a supplement and mirror to the Crew Web;

2) DSB want an option for a bidding functionality. The Supplier must upon DSB’s request provide a bidding functionality for the crew rostering module. The bidding functionality includes a forum, where crew can exchange duties and have their salary updated according to these changes. The bidding functionality must function according to any rules or business needs.

As regards section I.3) DSB has restricted the free, direct and full access to a limited part of the tender material due to confidential nature of data in the PoC. The data is made available subject to submission of signed NDA’s as specified in tender specifications.

As regards section II.2.9) each candidate may only submit one application for prequalification.

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 c andidates 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 candidates average solvency ratio (calculated as (equity/total as-sets*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) A total annual turnover of at least 14 000 000 EUR;

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

3) A solvency ratio of at least 20 % – 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 candidates 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 under-taking 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).

A list of the 5 most significant comparable “Main Services”, see section II.2.4), that the candidate has carried out in the last 5 years before the expiry of the application deadline. Only references relating to services carried out at the time of application will be given importance in the evaluation of which candidates have documented. The most relevant deliveries, 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 clear 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. 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 finalised. 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 more than 5 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 5 references are stated, only the first 5 references will be taken into account. Any additional references will be disregarded. If it is not possible to decide which references are the first 5 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). 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. No additional documentation of

Technical and professional capacity will be required from the candidate. How-ever, the Contracting entity reserves the right to contact the Candidate or the customer stated in the reference for confirmation of the information stated in the reference, including the dates of the reference indicated.

Financing conditions and payment arrangements is stated in the procurement documents.

Reference is furthermore made to the electronic invoicing required and the option of ordering electronically pursuant to (Consolidated) Act no.798 of 28.6.2007 about payment to public authorities, etc., as amended. The consolidated act is available (in Danish) at www.retsinformation.dk.

No specific legal form is required. 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 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 labourclauses in public contracts and Circular no. 9471

Of 30 June 2014.

The contract lays down requirements on

Compliance with the law on processing of

Personal data.

Please see the tender specifications appendix B

Regarding requirement categorization of the

Contract documents. All requirements that are not

Minimum Requirements may in principle be

Negotiated and may be changed/withdrawn.

Thus, all potential candidates who can comply

With the Minimum Requirements are encouraged

To apply to participate even if the candidate

Cannot comply with all Negotiable Requirements.

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 register as a user. All communication in connection with the tender procedure, including questions and answers, must take place through the electronic tendering system. Questions regarding prequalification should be asked within April 12, 2019

The candidate must as its application to participate 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 procurement by entities operating in the water, energy, transport and postal services sectors (“Ministerial Order”). The ESPD is to be

Completed directly in the electronic tendering system. For groups of operators (e.g. a consortium), a separate ESPD must be submitted for each

Participating opera-tor. In addition, a signed Consortium Declaration shall be submitted as

Part of the application, declaring that each operator in the consortium is jointly and severally

Liable, directly and unconditionally, to DSB for any obligation in relation to the consortium‘s tender. The candidate is encouraged to use the template, 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 relies. In addition, a Support Declaration from each

Supporting entity shall be submitted as part of the application, declaring that capacities will be made available to the candidate. The supporting entity/entities shall undertake joint and several liability to DSB for any obligation in the declaration in relation to the tender. The

Candidate is encouraged to use the template, cf. Appendix I. The candidate will be excluded from participation 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 the 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 Ministerial Order.

DSB intends to ask the applicants to provide documentation for their fulfillment of section 148

(1), paras (1)-(3) of the Danish Public Procurement Act, cf. s.11 of the 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 the 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 Ministerial Order. In the event of change of the tenderer, the provisions of s.147 of the Danish Public

Procurement Act will ap-ply in their entirety. An information meeting will be held March 29,

2019. For more information on how to sign up please see the tender specifications.

DSB may ask the candidate to supplement, specify or complete the application pursuant to

Article 76, para. (4) of the Utilities 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. DSB reserves the right to award the contract on

The basis of the initial tender.The tender procedure includes a proof of concept (“PoC”) as described in tender documents. As regards section II.2.6) the amount is an estimate of the expected contract price for the entire contract dura-tion, including the price of all options.

DSB will pay remuneration to the tenderers who participate in the entire tender procedure,

Including PoC, and submit a final, compliant tender. However, the successful tenderer will

Receive no remuneration for participating. The remuneration is EUR 30.000

Internet address: https://erhvervsstyrelsen.dk/klagevejledning-0

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 af-ter the day when the contracting authority 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 Procure-ment, 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 during the stand-still 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 www. erhvervsstyrelsen.dk

Internet address: http://www.kfst.dk