Internet address(es):

Main address: https://www.bane.dk/

Address of the buyer profile: https://eu.eu-supply.com/ctm/Company/CompanyInformation/Index/340853

DWDM System

The contractual basis is divided into 2 contracts:

A. Contract for a DWDM System (hereinafter ‘the Contract’);

B. Maintenance and support agreement;

Under the terms of the Contract, the supplier must provide the DWDM System, including software and hardware, as specified in Annex A3. After delivery, the supplier must provide training in the DWDM System for the staff of Banedanmark and/or the staff of Banedanmark’s operations service provider. Under the Maintenance and Support Agreement, the Supplier must provide maintenance and support for the DWDM System, including Level 3 support, after delivery of the DWDM System. In addition, the maintenance and support agreement allows Banedanmark to purchase spare parts collectively and individually to replace defective parts that are not covered by warranty or as otherwise required by Banedanmark. Spare parts must be available throughout the term of the maintenance and support agreement.

A) Contract regarding DWDM System:

Immediately after the conclusion of the Contract, the vendor must participate in a clarification phase, where it is examined whether it is expedient to elaborate on or supplement the technical requirements, see in this regard Clause 6.4 of the Contract. The vendor is obliged to actively participate in the clarification phase with relevant employees. The clarification phase is a short and intensive process in which each party will have to make a significant effort, including participation in analyses, workshops and demonstrations. The activities in the clarification phase are described in detail in Annex A3 (Technical requirements).

The vendor must deliver the first (1^st) Partial delivery (phase) of the DWDM Network within 8 weeks of Banedanmark’s submission of a purchase order (‘PO’). The vendor must deliver the second (2^nd) Partial delivery (phase) within 45 Days of delivery of the first (1^st) Partial delivery (phase).

The vendor and the delivery must at all times comply with Banedanmark’s security requirements set out Annex 2 (Security requirements).

B) Maintenance and support agreement:

The maintenance and support agreement includes maintenance and Level 3 support during the operating phase, see Clause 6.3 of the maintenance and support agreement, of the DWDM System delivered by the vendor, see Clause 6 of the Contract.

The maintenance and support agreement also comprises the provision of necessary spare parts for the DWDM System throughout the term of the service and support agreement. The vendor guarantees that the spare parts list enclosed with Annex 6 (Vendor’s tender) is appropriate for Banedanmark’s needs in keeping with the SLA, see Annex B3 (Technical requirements).

The continuous delivery of spare parts must take place 5 working days after they have been ordered by Banedanmark. The specific delivery address will be indicated on Banedanmark’s order. The ordering of spare parts is described in further detail in the service and support agreement.

The vendor must comply with the required response times set out in Annex B3 (Technical requirements) at all times.

The vendor must meet the security requirements stipulated in the maintenance and support agreement, see Annex 2 (Security requirements).

In connection with the provision of Level 3 support, the vendor may only use the manufacturer of the supplied equipment as a subcontractor.

Banedanmark may extend the Maintenance and Support Agreement by 2 x 1 year.

The Contract cannot be extended.

The Contract covers the following options:

1) Additional functionality (including spare parts), see Annex A3 (Technical requirements):

(a) upgrade from 10 GE to 100 GE (side by side) with a maximum of 40 nodes;

(b) addition of an extra degree to a node with a maximum of 5 nodes;

(c) addition of point-to-point 1 + 1 optical redundancy for 10 GE and 100 GE services. This can be up to 150 point-to-point services;

(d) addition of OTN switching to a node with a maximum of 350 nodes;

(e) conversion of a node to a CDC (colourless, directionless and contentionless) node design if not provided from day 1 with a maximum of 40 nodes;

(f) addition of multiplexing-demultiplexing of 10 GE services into a 100 G wavelength with a maximum of 40 nodes;

(g) addition of a 10 GE service with encryption with a maximum of 40 nodes;

(h) addition of OTDR monitoring with a maximum of 40 nodes;

(i) NMS installation and commissioning with a maximum of 2 nodes.

The future improvements of the network can be made on all network sites. The use of 1 of sub-clauses (a-i) does not mean that another sub-clause will also be used. These are therefore independent of each other. In addition, for each sub-clause, Banedanmark is entitled to use the option for 1 site at a time, multiple sites or all sites at once.

2) Options according to the topology of Annex A3 (Technical requirements):

Subject to a reasonable notice, Banedanmark is entitled to use the options during the entire term of the Contract, see Clause 24 in the Contract.

Regarding II.2.7): the Contract enters into force on both parties’ signing hereof and expires after 8 years or when Banedanmark has used all options stated in the Contract.

The maintenance and support agreement enters into force upon delivery of the 1^st Partial delivery (phase 1) under the Contract and expires after 8 years without further notice. The agreement can be extended cf. II.2.7).

The tenderer must enclose a reference list of the most important comparable references regarding delivery of telecom equipment to an infrastructure manager/train operator of rails/trains (e.g. metro, railways) completed within the last 5 years prior to the tender period.

As a minimum requirement, the tenderer must, as a minimum document 2 references for delivery of telecom equipment to an infrastructure manager/train operator of rails/trains (e.g. metro, railways) completed within the last 5 years of the notice of procurement by tender.

Each reference should include a brief description of the delivery performed (hereafter referred to as the ‘job’). The description of the job should include a clear description of the scope of the job, including:

— the costumer,

— the date of the job*,

— the value of the job.

*When specifying the date of the job, the tenderer must indicate the date of commencement of the job. Is this not possible, e.g. because the job has been carried out on an ongoing basis in accordance with a framework agreement, the tenderer must indicate how the date is specified.

The reference list may not contain more than 2 references, regardless of whether the tenderer is a single vendor, whether the tenderer is based on the technical conditions of other entities or whether it is an association of vendors (e.g. a consortium). If more than 2 references are given, emphasis will only be placed on the first 2 references. In addition, references will be disregarded. If it is not possible to determine which references are the first 2 references, the references will be selected by lot.

If the tenderer is based on the professional experience of other entities regarding the performance of jobs, the tasks in question under the contract must be performed by the unit on which the tenderer is based.

A) Contract regarding DWDM System clause 11.

B) Maintenance and Support Agreement clause 14.

See II.2.4).

It will not be possible to witness the opening of the tenders.

It will not be possible to witness the opening of the tenders.

Regarding II.1.5): the estimated total value is between 30 000 000,00 DKK-50 000 000,00 DKK (value excluding VAT).

Tenders shall be submitted electronically via ‘EU-supply’. It is not possible to submit tenders in any other way, for example by email, USB or by letter.

As a part of the tender tenderers shall complete the European Single Procurement Document (‘ESPD’) as provisional proof of the provisions of fulfilment of section 148 (1), No 1-2 of the Danish Public Procurement Act. Provisional proof involves:

1) That the tenderer is not subject to grounds for exclusion; and

2) That the tenderer satisfies any minimum requirements for technical and professional ability provided for in item III. 1.3) in accordance with the instructions to tenderer.

In addition to the mandatory grounds for exclusion, Banedanmark will exclude a tenderer who is in the circumstances specified in section 137 of the Danish Public Procurement Act regarding:

1) Tenderer’s violation of environmental, social or labour law rules;

2) Tenderer’s:

(i) bankruptcy;

(ii) insolvency;

(iii) composition outside bankruptcy;

(iv) a situation corresponding to bankruptcy under national law;

(v) assets administered by a liquidator; and

(vi) suspension of trading.

3) Tenderer’s serious negligence by the tenderer which casts doubt on the integrity of the tenderer;

4) Tenderer’s agreements with other economic operators with a view to unfair competition;

6) Tenderer’s supply of grossly incorrect information, withholding of information and the possibility of submitting additional documentation.

If the tenderer is based on the capacity of other entities, an ESPD must be submitted for each of the entities on which the tenderer is based.

As part of the tender process, Banedanmark shall perform an initial software inspection to validate the compliance with Annex 2 (Security requirements) by performing the inspection described in the annex. The inspection will cover all software that is part of the DWDM System and must meet or exceed the thresholds in the annex. See Annex 2 (Security requirements) for further information.

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

Precise information on deadline(s) for review procedures:

In accordance with the Act on Complaints Board for Procurement, etc. (the law can be obtained from www.retsinformation.dk), the following deadlines apply for lodging a complaint:

In other situations, complaints about a tender must be made, cf. § 7 section 1 of the Act. 2, must be submitted to the Complaints Board for Procurement before:

1) 45 calendar days after the contract authority has published a notice in the Official Journal of the European Union that the contract authority has concluded a contract. The deadline is calculated from the day following the date of publication of the notice.

At the latest while a complaint is lodged with the Complaints Board for Procurement, the complainant must inform the contract authority in writing that a complaint is submitted to the Complaints Board for Procurement and whether the complaint has been lodged during the standstill period, cf. § 6 section 1 of the Act. 4. In cases where the complaint has not been lodged during the standstill period, the complainant must state whether the suspensive effect of the complaint is requested, cf. § 12 section 1 of the Act. First.

The Complaints Board for the Procurement, email, Address is given in Section VI.4.1).

The Complaints Board for Procurement Complaints Guidelines can be found at www.erhvervstyrelsen.dk

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