Internet address(es):

Main address: https://sundogbaelt.dk/

Delivery and Operation of Registration, Payment and Notification Services for Danish Road Charging

This tender procedure concerns the award of contracts for delivery and operation of registration, payment and notification services for Danish road charging (eVignette). The contracts will concern delivery and operation of a registration and payment platform (responsive web application) together with notification services and international debt collection for evaders. Education/training and documentation as well as certain services related to support and maintenance of the system are included in the contracts.

Under Item II.2.4) the requested solution and services are further described, and the tender documents include a description of the project in further detail.

Denmark + International debt collection.

Sund and Bælt will implement different enforcement schemes in Denmark, among others time-based road user charging for all foreign passenger cars and vans in Denmark, which is to be operational in 2020. Common for the schemes are that registration and payment will be done using a responsive web application combined with notification services for users who do not follow the scheme rules. Customer services will be supplied by Sund and Bælt.

The objective is to do a tender for a contract of five (5) years covering delivery and operation of registration, payment and notification services including maintenance of supplied solution and services.

The supplier’s deliverables under the contract are to be delivered as 3 main types of deliveries:

(i) registration and payment platform including internal work tools for Sund and Bælt’s employees;

(ii) notification services where evaders are informed about their violation; and

(iii) international debt collection, if evaders choose not to pay after notified about their violation.

Maintenance of (i) and (ii) during the Contract period is likewise part of the contract.

As the tender comprises goods and services that can be clearly distinguished from each other and are subject to individual regulation, Sund and Bælt has for practical reasons divided the regulation of the goods and services acquired under the tender into 2 contracts:

— registration and payment platform contract,

— notification and debt collection services contract.

The 2 contracts are together referred to as the contracts.

It should be noted that amounts of transactions and notifications covered by the contracts are based on a qualified estimate made by the Contracting Authority based on foreign vehicle traffic data from the Ministry of Transport, Building and Housing combined with expected compliance behaviour of foreign vehicles visiting Denmark. Therefore, the contracting authority cannot guarantee a minimum amount of transactions and notifications during the contract period, nor a maximum limit to such.

The limitation of candidates invited to tender will take place after an evaluation of which candidates have documented the most relevant deliveries, see Section III.1.3), of the deliveries covered by the Contract, see the description in Sections II.1.4) and II.2.4).

The evaluation of the most relevant deliveries will be made on the basis of whether the references document experience with delivery of comparable, functionally and in terms of volume and services. Experience with registration, payment and notification for tolling schemes and/or time-based road user charging schemes (e-Vignette schemes) will also be considered positive.

Please note that any ambiguities and/or incomprehensibilities in the information submitted under Section III.1.3) may be regarded negatively in the evaluation when selecting the limited numbers of candidates.

Delivery and operation of registration and notification services for additional road user scheme, Low Emission Zones. Please fin more information in Annex 1.

Sund and Bælt Holding A/S has decided not to divide the contract into lots as this is expected to unduly increase the cost as well as the risk regarding the integration of the different deliveries (incl. software systems) under the contract.

Please find more information in Section VI.3)

The Contracting Authority is obliged to exclude an applicant/tenderer from participation in the tendering procedure if the tenderer is subject to the mandatory grounds for exclusion set out in ss.135 and 136 of the Procurement Act. The client will not apply optional grounds for exclusion; see s.137 of the procurement act. Information on exclusion grounds must be stated in the ESPD, Part III “exclusion grounds” in the following section:

— Part III.A: “Grounds relating to criminal convictions”,

— Part III.B: “Grounds relating to the payment of taxes or social security contributions”,

— Part III.C: “Grounds relating to insolvency, conflicts of interests or professional misconduct”,

— the entry regarding a conflict of interest due to the tenderer's participation in the procurement procedure,

— the entry regarding the tenderer's provision of advice or other involvement in the preparation of the procurement procedure,

— the entry regarding the tenderer's serious misrepresentation, withholding of information or ability to submit supporting documentation.

Reference is furthermore made to the Danish Competition and Consumer Authority's guide to the European single procurement document regarding the correct completion of the form. The Client reserves the right to initiate a “self-cleaning” procedure if relevant, see s.138 of the Procurement Act.

According to § 144 of the said Act, an applicant may rely on the economic, financial and/or technical capacity of other entities, regardless of the legal nature of the links with the entities.

An applicant who relies on the capacity of other entities shall ensure that the Contracting Authority receives the applicant’s own ESPD together with a separate ESPD with the relevant information for each of the entities that the applicant relies on. Finally when groups of entities, including temporary joint ventures, participate in the tender procedure together, each of the participating entities must complete a separate ESPD with the information required in Part II-IV.

Prior to a decision on the award of the contract, documentation for the information stated in the ESPD must be produced, cf. §§ 151-155 of the said Act. At any stage of the tender procedure, Sund and Bælt Holding A/S further reserves the right to request an applicant/tenderer to submit documentation, if this is required to ensure that the procedure is conducted correctly.

The candidate must submit the European Single Procurement Document (“ESPD”) with the following information:

1) The candidate’s annual turnover for the last 3 financial years available, in so far as information on such turnover is available.

The information shall be stated in the European Single Procurement Document, Part IV.B “General yearly turnover”, cf. Section VI.3) below.

2) Information on the company’s equity for the last 3 financial years available.

The information shall be stated in the European Single Procurement Document, Part IV.B “Financial ratio”.

If the candidate relies on the economic and financial capacity of other entities, the candidate and the entities in question will be jointly and severally liable for the performance of the contract, see s.144(6) of the Danish Public Procurement Act.

Where an economic operator wants to rely on the capacities of other entities, it shall as part of the application prove to the Contracting Authority that it will have at its disposal the resources necessary, for example by producing a commitment by those entities to that effect. If the applicant relies on the economic and financial or technical capacity of other entities the other entity must provide a declaration of support. The declaration of support must prove that the entity in question is legally obliged to the applicant. A form which can be used in this respect is available as part of the tender materiel (confirmation regarding the capacity of other entity (form)).

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:

(equity): the operator's balance sheet or extracts thereof in the last 3 financial years available if publication of the balance sheet is required under law in the country in which the operator is established, or other documentation of the size of the equity. For groups of operators (e.g. a consortium), the information in the most recent financial report/financial year available must be submitted for each participating operator in the group.

Where an operator 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.

(turnover in the last 3 financial years available): a statement regarding the operator's overall turnover in the last 3 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 operators (e.g. a consortium), the information must be submitted for each participating operator in the group. Where an operator 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.

(Equity): in the event that the applicant’s equity in any of the last 3 years is below 0, the applicant will be excluded. The information is to be stated in Section IV.B of the ESPD.

(turnover in the last 3 financial years available): as a minimum requirement, a total annual turnover of at least 12 000 000 DKK is required in each of the 3 last financial years available. If the candidate relies on the capacity of other entities, the turnover is to be calculated as the total turnover of the candidate and such other entities in each of the 3 last financial years available. For groups of operators (e.g. a consortium), the turnover is calculated as the total turnover of the operators in each of the 3 last financial years available. The information is to be stated in Section IV.B of the ESPD.

The candidate must submit the ESPD with the following information:

A list of the most significant comparable deliveries, see Sections II.1.4) and II.2.4), that the candidate has carried out in the last three (3) 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) and in the evaluation of whether the minimum requirements regarding technical and professional capacity have been complied with, see below. Hence, in the event of an ongoing task, only the part of the deliveries 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 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.

If the candidate relies on the professional qualifications or professional experience of other entities for the performance of specific parts of the services comprised by the contract, see Section II.2.4), such specific parts of the services under the contract must be performed by the entity on which the candidate relies.

If the applicant relies on the technical and professional ability of other entities the other entity must provide a declaration of support. The declaration of support must prove that the entity in question is legally obliged to the applicant. A form which can be used in this respect is available as part of the tender materiel (confirmation regarding the capacity of other entity (form)).

The ESPD serves as provisional documentation that the candidate fulfils the minimum suitability requirements in respect of technical and professional capacity, see Section III.1.3) and the candidate's compliance with the selection criterion, see Section II.2.9).

No additional documentation of technical and professional capacity will be required from the candidate. However, 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.

The candidate may support or substitute the text in the ESPD regarding the Technical and professional ability with a reference list.

The candidate must with a minimum of 1 reference demonstrate experience with the delivery and operation of registration, payment and notification services and international debt collection.

The candidate may upload as many references as the candidate find necessary.

The reference or the references must altogether cover the delivery and operation of registration, payment and notification services and international debt collection.

Ref. is made to the tender doc. cf. the link in Sec. I.1.3).

The contract has to the relevant extent inc. the CSR considerations as 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 and Circular No 9471 of 30.6.2014.

The contract lays down requirements on compliance with the law on processing of personal data, including s.3(9) of the Danish Data Protection Act (databeskyttelsesloven).

Furthermore, the contract requires that the supplier is certified with ISO 27001 information security management system or equivalent. By equivalent is meant that standards and processes within information security are implemented to ensure confidentiality, integrity and accessibility of information using risk management processes, ensuring that stakeholders trust that risks are properly addressed.

Participation in the tendering procedure may only take place by electronic means via the electronic tendering system used by the contracting entity, see the address set out in Section I.3). The tendering procedure is accessed under “Ongoing public procedures”. For access to the procurement documents, the candidate must be registered or register as a user.

If the application contains several versions of the same document, the latest uploaded version will apply.

Questions:

All communication in connection with the tender procedure, including questions and answers, must take place through the electronic tendering system. Questions must be submitted not later than 23 April. Questions asked after this date will be answered if they are received in time for the Contracting Authority to provide the information required and communicate the answers not later than 6 days before expiry of the application deadline. Questions received later than 6 days before expiry of the deadline cannot expect to be answered. Interested operators are requested to keep updated via the electronic tendering system.

If the candidate encounters problems with the system, please contact support by email: dksupport@eu-supply.com, or telephone +4570208014.

Additional information:

As regards Section II.2.6), it should be noted that the amount is an estimate of the expected contract price for the entire duration of the contract, including the price of all options.

As regards Section II.1.5) and Section II.2.6), it should be noted that the amount is a stimate of the expected total maximum contract price.

It should be noted, that scope of the services has changed since the dialog was held. The scope stated in the presentation is therefore not correct.

As regards Section II.2.9) it should be noted that each candidate may only submit one application for pre-qualification.

The contracting entity 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.

Finalisation of the tender procedure:

The Contracting Authority is not obliged to award the contract and reserves the right to cancel the tender procedure. Final decision to enter into the contract is subject to a political approval.

Even though the contract has been awarded to another tenderer, the tenderer is bound by the tender until the Contracting Authority has concluded the contract, but no longer than the date specified for the tender to remain open for acceptance.

The notification of the tenderers of the award decision does not mean that the contract has been concluded. The contract is not deemed to have been concluded until the contract is signed. The Contracting Authority does not consider the tender procedure completed until the contract has been signed.

Sund and Bælt Holding A/S has decided not to divide the contract into lots.

Benefits for the end-customer are envisioned to be easier registration and payment with less risk of errors. The reduction in errors is enabled by procedures being digitalized and automated using in-process verification and identical user experience and payment platform for both pre-journey payments and road charge evaders’ post-journey payments. For Sund and Bælt the operational benefits are linked to both a simplified solution architecture, data integrity and transparency and a uniform platform for operational purposes allowing easier customer service handling, requiring less training.

Sund and Bælt foresees that service responsiveness and availability will be better if the delivery of both digital web services, dunning services and debt collection is done by 1 supplier, removing interdependencies of data and financial flows and strengthening the services quality in general.

Internet address: https://naevneneshus.dk/start-din-klage/klagenaevnet-for-udbud/

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 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 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 during 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 email 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