Internet address(es):

Main address: www.femern.com/en

Contract Concerning Acquisition of Requirement Management Software

During the design, build and operation phases of the fixed link across Femern Belt a large amount of requirements have been and will be imposed upon Femern A/S by authorities and have been and will be imposed upon multiple contractors and tenderers by Femern A/S. Femern A/S (and potentially other projects within the Sund and Belt Group) needs a requirement management system to manage these requirements.

København V.

Femern A/S (Femern) is part of Sund and Bælt Holding A/S, which is owned 100 pct. by the Danish Ministry of Transport, Building, and Housing. In April 2009, Femern was established to conduct preparations, studies, design, etc. in connection with the establishment of a fixed link across the Fehmarn Belt. In 2015, Femern was authorized to establish and operate a fixed link across the Fehmarn Belt and to carry out the dispositions necessary for the implementation.

During the design, build and operation phases of the fixed link across Femern Belt a large amount of requirements have been and will be imposed upon Femern by authorities and have been and will be imposed upon multiple contractors and tenderers by Femern. Femern needs a requirement management system to manage these requirements.

The offered solution shall support Femern A/S in managing requirements in large complex tendering procedures, managing requirements in civil works contracts, managing requirements related to railway contracts, etc. Femern needs a solution providing a intuitive and cost-effective way of creating requirements in the system and various features supporting effective management of such requirements. Furthermore, Femern need a solution that includes report, export and analysis functionality.

The system shall further support Femern A/S in collaborating with contractors and project interface parties, and other workflows. The solution shall include functionality for tracking dependencies and linking of requirements, and support integrations to other systems.The solution shall be based on a proven standard software.

The solution must be provided as a license to a standard software solution delivered as a Software-as-a-Service solution. The scope of the contract — which is elaborated in the procurement documents — covers:

A. Configuration and implementation of the solution:

The supplier shall configure, implement and make the solution available for the customer as SaaS.

B. Support and maintenance

The Supplier shall deliver continuing services, including maintenance of the solution, including fixes, security updates, new releases, etc. The solution must be updated continuously with necessary optimizations and, the supplier is expected to perform support services.

C. Services on demand:

The supplier must deliver a number of services. Such services on demand cover e.g. employee training, re-configuration of the solution, integration services — e.g. integration with the Customer’s document management system (DMS) and other consultancy services related to the system and management of requirements in general as further specified in the procurement documents. Furthermore, the number of licenses needed by the customer may vary, and the supplier must with due notice be able to adjust the system accordingly as specified in the procurement documents. Sund and Bælt Holding A/S and their present and future affiliated companies can purchase licenses under this contract.

The selection of candidates invited to tender will be based on an evaluation of which candidates have documented the most relevant deliveries, see Section III.1.3), of the services 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 the extent to which the references document experience with delivery of comparable systems and services. It will be regarded positively in the assessment of the relevance if a reference covers a solution delivered for a large (construction budget above 7 000 000 EUR) railway project. It will also be regarded positively if the references covers a solution delivered for other types of large infrastructure projects (bridges, highways, tunnels, etc.). Please note that any ambiguities and/or unclearness in the information submitted in the ESPD may be regarded negatively in the evaluation when selecting the limited.

The construction of the fixed link across the Fehmarn Belt receives EU funding from the CEF programme under project code 2014-EU-TM-0221-W.

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

— the candidate’s equity in each of the 3 latest financial years available,

— the candidate's total annual turnover in each of the 3 latest 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 following documentation of economic and financial capacity must be submitted:

The candidate’s annual reports for the last 3 financial years or excerpts hereof if publication of annual reports is required under the law of the country in which the candidate or tenderer is established or any other documentation for the candidate’s annual turnover and equity.

If the candidate consists of a consortium or any other group of legal persons and/or public entities, the above documents shall be provided for each of the legal persons and/or public entities and if relevant from its supporting entities. A candidate which bases its request on the economic and financial standing of other entities must provide the above documentation for each entity. Candidates are entitled to refer Femern A/S to obtain the documentation itself if the relevant information can be accessed directly via national databases.

A candidate or tenderer can prove its economic and financial standing by means of any other document which Femern A/S deems to be appropriate where the candidate or tenderer is unable to present the documents requested by Femern A/S for a valid reason.

As a minimum requirement, a positive equity in each of the last 3 financial years must be documented. If the candidate relies on the capacity of other entities, the equity is to be calculated as the average equity of the candidate and such other entities in each of the 3 latest annual reports/financial statements available. For groups of operators (e.g. a consortium), the equity is calculated as the average equity of the operators in each of the 3 latest annual reports/financial statements available. The information is to be stated in Section IV.B of the ESPD.

As a minimum requirement, a total annual turnover of at least 1 200 000 EUR is required in each of the 3 latest annual reports/financial statements 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 latest annual reports/financial statements 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 latest annual reports/financial statements 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 5 most significant comparable services, see Sections II.1.4) and II.2.4), that the candidate has carried out in the latest 3 years before the expiry of the deadline for application.

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 case of an ongoing task, only the part of the services already 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 deliveries made. The description of the delivery 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), the date of delivery and the name of the customer (recipient).

When indicating the date of the delivery, the tenderer is requested to indicate the date of commencement and finalisation of the delivery. If this is not possible, for example if the tasks were performed on a continuous basis under a framework agreement, the candidate is asked to indicate the specification of the date.

No more than 5 references for deliveries should be listed in the ESPD. If the request contains more than 5 references only the first 5 references will be taken into account. References included in the candidate’s own ESPD will in this respect be considered the first 5 references.

In the event that the candidate is a group of economic operators or a temporary association (consortia, joint venture or the like) the references from the leading operator will be considered the first 5 references. In the event that this provision do not determine the first 5 references Femern A/S will draw lots to elect the first 5 references (candidates will not be allowed to supervise the draw).

The ESPD serves as provisional documentation for the candidate'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. 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.

As minimum requirements the candidate is required to document:

— at least 1 reference covering delivery of a requirement management system used in an infrastructure project where requirements were managed in accordance with the EN 50126 standard or similar. If the delivery of said project is with reference to a standard similar to EN 50126, the candidate shall in its description of the reference specify how the standard is similar to EN 50126.

The contract has incorporated a corporate social responsibility clause. Reference is made to Annex 5 of the tender material.

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 may be accessed under the tab ‘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. All communication in connection with the tender procedure, including questions and answers, must be by way of the electronic tendering system. Questions in relation to the prequal. must be submitted not later than 1.12.2019. Questions asked after this date will be answered if they are received in time for the contracting entity 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 (+45) 70208014. 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). For groups of operators (e.g. a consortium), a separate ESPD must be submitted for each participating operator. If the candidate relies on the capacity of other entities, an ESPD must be submitted for each of the entities on which the candidate/tenderer relies. The candidate must also submit a letter of commitment in which the entity/entities on which the candidate relies has/have undertaken joint and several liability with the candidate if the candidate is awarded the contract. The form is enclosed as an attachment to the tender specifications. The candidate will be excluded from participation in the tender procedure if the candidate is subject to the compulsory grounds for exclusion set out in Sections 135 and 136 of the Danish Public Procurement Act, and the grounds for exclusion set out in Section 137(1), Para (2) of the Danish Public Procurement Act, unless the candidate has submitted sufficient documentation of its reliability in accordance with Section 138 of the Danish Public Procurement Act. Before the decision to award the contract is made, the tenderer to whom the contracting entity 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. The contract shall be in force until the fixed link across Fehmarn Belt is delivered, which constitute an estimated term of 10 years.

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 services ordered during the contract period. Due to the expected duration of the contract the total amount is estimated under some uncertainty especially related to the variable services under the contract. 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.

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 entity has published a notice in the Official Journal of the European Union that the contracting entity 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 entity 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 entity 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 entity 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 entity in writing that a complaint has been lodged with the Danish Complaints Board for Public Procurement and whether the appeal was lodged during the stand-still 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