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Main address: https://www.ethics.dk/ethics/eo#/d7fa5b0b-0e7b-49c7-8366-a8158d9e5f0b/homepage

EPassport Reader and Validation Service

The Danish Agency of Digitization (the ‘Customer’) is procuring an ePassport reader (‘ePassport Reader Software’) and validation service to be used in the development of a digital mobile driver’s license (‘mDL Solution’), which the Customer is developing using the services of a third party developer as a digital public service for Danish citizens as a supplement to the existing physical driver’s license. Se further description in Section II.2.4).

The Customer is in the process of developing the mDL Solution with which the ePassport Reader Software is to be integrated. The development of the mDL Solution is being handled by a third-party developer as a digital public service for Danish citizens as a supplement to the existing physical driver’s license. The mDL Solution will in overall terms consist of the development of a mobile app and a back-end component. As part of the issuing of the driver’s license on the mobile app, the mDL Solution needs a valid photo portrait of the driver. All Danish physical driver’s licenses have a photo portrait of the driver in it, and this photo is trusted as a valid source; a photo that is trusted as portraying the person who has their personal data printed on the physical driver’s license.

There is no national Danish digital photo portrait archive of every citizen holding a Danish driver’s license. Currently, the only trusted digital portrait of Danish citizens in general is in NFC readable chips in ePassports. As the National Police of Denmark trusts the validity of the photo in ePassports, an ePassport with an NFC readable chip has been assessed as the easiest way (also from an end user point of view) of extracting and embedding a trusted photo portrait in the mDL Solution. In order for the mDL Solution to extract data from the ePassport, the mDL Solution must first verify the identity of the ePassport owner with the digital identity of the driver by use of the Danish digital eID-solution (NemID). This identity verification feature in the mDL Solution will be developed by the Customer.

Furthermore, the validity and authenticity of the ePassport must be verified. This feature has been subject to a market survey conducted by the Customer, which has shown that the feature of extracting data from ePassports and confirming the ePassports’ validity and authenticity exists on the market as a standard software component with an ePassport validation service. This standard software component and service, i.e. the ePass-port Reader Software, is the one that supplier shall provide under this contract together with related ancillary services as further specified in the tender documents.

The Customer requires that the integration of the ePassport Reader Software with the mDL Solution will be developed by its third-party developer also responsible for the mDL Solution.

Thus, the present tender concerns the procurement of:

(i) a standard software component which:

(a) is able to scan and read ID information in ePassports; and

(b) throughout the term of the contract is connected to an ePassport validation service to validate the ePassport itself; and

(c) is integrated with and included in an application for IOS and Android mobile phones developed by the Customer;

(ii) hotline support to Customer during Customer’s work with integrating such software component in its mobile application;

(iii) hyper care support to Customer after Customer’s go live date of the mobile driver’s license solution;

(iv) maintenance and support in relation to the software component and its service during the term of the contract; and

(v) ad hoc consultancy services as requested by Customer in relation to the functionalities and features of the software component.

The scope of the supply is subject to adjustments within the boundaries of procurement law; see further details in the tender documents.

The bidder 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 financial year available,

— the solvency ratio (equity to total assets ratio) in the last financial year available.

The ESPD serves as provisional documentation that the bidder fulfills the minimum suitability requirements in respect of economic and financial capacity.

Upon the Customer’s request, the bidder must submit the following documentation of economic and financial capacity (1-2):

1) Total annual turnover. A statement regarding the bidder’s overall turnover in the last financial year 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 bidders (e.g. a consortium), the information must be submitted for each participating entity in the group. Where a bidder 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) Solvency ratio. A statement regarding the bidder’s average solvency ratio (calculated as (equity/total assets*100) in the last financial year available, depending on the date when the bidder was set up or started trading, if the figures for equity and assets are available. For groups of bidders (e.g. a consortium), the information must be submitted for each participating bidder in the group. Where a bidder 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 bidder must meet the following minimum requirements in the last financial year prior to the deadline for submission of offer:

1) A total annual turnover of at least 6 000 000 DKK (or equivalent, in other currencies);

2) A solvency ratio of at least 10 % — calculated by dividing equity with total assets (equity/total assets*100).

If the bidder is relying on the capacity of 1 or more other entities the turnover and solvency ratio will be calculated on the basis of the combined financial figures of the bidder 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 bidder and the supporting entities at the expiry of the last financial year and the combined total assets of the bidder and the supporting entities at the expiry of the last financial year (solvency ratio = combined total equity/combined total assets * 100). In relation to turnover, this means that the calculation will be based on the combined turnover of the bidder and the supporting entities during the last financial year.

If the bidder is a group of economic operators (e.g. a consortium), the turnover and solvency ratio will be calculated in the same manner as bidders with 1 or more supporting entities, i.e. on the basis of the combined financial figures of the participating economic operators.

The Customer intends to ask the bidders to provide documentation for their fulfillment of the minimum requirements concerning financial and economic standing before awarding the contract; see further details in the tender documents.

The bidder must submit a completed version of the European Single Procurement Document (ESPD), including Part IV), Section C, with the following information:

1) A list of up to 3 (that is, no more than 3) of the most significant comparable deliveries and services, see Section II.2.4), that the bidder has carried out in the last 3 years before the expiry of the offer deadline.

References relating to services carried out (finalized) or still ongoing at the offer deadline will be given importance in the evaluation of whether the bidders have fulfilled the minimum requirement for suitability, see below.

Each reference is requested to include at least the following:

(i) a short description of the reference, including description of the deliveries and services performed. The description should include a clear description of the deliveries and services and the bidder’s role(s) in the delivery, including use of major sub-suppliers to provide the deliveries and services. If the bidder has only been a sub-supplier, this must be explicitly stated. The bidder should make sure that the description of the references makes it possible for the Customer to conclude that the bidder fulfils the minimum requirement, see below;

(ii) value of the reference contract during the contract term;

(iii) contract period (month/year-month/year);

(iv) name and address of Customer including contact details in the form of e-mail address and/or telephone number to a relevant contact person.

No more than 3 references may be stated, irrespective of whether the bidder is a single supplier, whether the bidder relies on the technical capacity of other entities, or whether the bidder is a group of operators (e.g. a consortium). If more than 3 references are stated, only the first 3 references will be taken into account. Any additional references will be disregarded.

The Customer reserves the right to ask bidders to supplement or correct information on references if not all information required is included; within the boundaries of procurement law, including the principle of equal treatment.

The above information in the ESPD serves as provisional documentation for the bidder's compliance with the minimum requirement (see below). No additional documentation for references will be required from the bidder. However, the Customer reserves the right to contact the bidder or the Customer stated in the reference for confirmation of the information stated in the reference, including the dates of the reference indicated and the scope of supply. In the event such contact results in the fair conclusion that information in the ESPD is incorrect, the Customer reserves the right to disregard the bidder.

At least 1 of the references provided must concern a contract for services which include at least a software component which:

(a) is able to scan, read and extract ID information from the data groups in ePassports that does not contain biometrics; and

(b) is connected to an ePassport validation service to validate the ePassport itself.

Reference is made to the tender documents, which include a draft contract concerning the delivery.

Participation in the tender is only possible through the electronic tender system, see Section I.3). To access the tender documents, the bidder must register as a user. If the bidder experiences problems with the electronic tender system (including user registration), please contact the support services via Ethics technical support or (+45) 70227007.

If the tender documents include several versions of the same document, only the latest version will be valid.

All communication regarding the tender procedure must be carried out through the electronic tender system, including questions and answers. Deadlines for questions and answers appear from the tender documents.

All tenders must include an ESPD which serves as provisional documentation that the bidder fulfills the minimum suitability requirements in respect of economic and financial capacity as well as technical capacity in the tender. Furthermore, the ESPD will serve as provisional documentation that the bidder is not subject to an exclusion ground, see below. If the tender is submitted by a consortium, an ESPD must be submitted by each participant in the consortium. If a bidder relies on the economic and financial capacity, or the technical capacity, of another entity, the tender must also include an ESPD for such entity.

Bidders will be excluded from the tender if they are subject to the mandatory exclusion grounds in the Danish Procurement Act §§ 135-136.

Before the award of the contract, the bidders must upon the request from the Customer provide documentation for the information in the ESPD, se Section III.1.2).

Also, the bidders must upon request from the Customer provide documentation showing that the bidders are not subject to any mandatory exclusion grounds in the Danish Procurement Act §§ 135-136 by presentation of:

— an extract from the relevant register or a similar document issued by a competent judicial or administrative authority stating that the bidder is not subject to the grounds for exclusion stipulated in Article 135, Section 1, and

— a certificate issued by the competent authority in the country referred to as documentation that the bidder is not subject to the grounds for exclusion stipulated in the cases stated in Article 135, Section 3.

For Danish bidders this documentation requirement can be fulfilled by presentation of a service certificate issued by the Danish Business Authority. The certificate must not be issued more than six months prior to the date of deadline for bids, cf. IV.2.2).

For foreign bidders: if the country in question does not issue the documents and/or certificates stated above, or if such documents and/or certificates do not cover all the cases mentioned in Article 135, those documents and/or certificates can be replaced by a statement provided on oath. If statements on oath are not provided for in the relevant country, a solemn declaration made before a competent judicial or administrative authority, a notary or a competent professional organisation in the country in which the bidder is registered, can be applied.

In relation to Section II.2.6) it is noted that the value stated is an estimate by the Customer. The final value of the contract may differ from this estimate (i.e. be higher or lower).

In relation to Section II.2.7) it is noted that the duration stated is from the commencement of the delivery and until the earliest time the contract can be terminated by the supplier, see the draft contract in the tender documents. As the contract concerns a perpetual license to a software component, the actual duration may be longer (if the contract is not terminated by either of the parties).

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 concerning award procedures, see Section 7(2) of the Act, must be lodged with the Danish Complaints Board for Public Procurement before the expiry of 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.

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).

Internet address: www.kfst.dk