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Fakta om udbudet

EU-nr
2020/S 055-131176
Offentliggjort
18.03.2020
Udbudstype
Annullering

Udbyder

Banedanmark

DWDM System


Banedanmark

Contract award notice – utilities

Results of the procurement procedure

Supplies

Legal Basis:

Directive 2014/25/EU

Section I: Contracting entity

I.1) Name and addresses
Official name: Banedanmark
National registration number: 18632276
Postal address: Carsten Niebuhrs Gade 43
Town: København V
NUTS code: DK0
Postal code: 1577
Country: Denmark
Contact person: Kathrine Kørner Kosack
E-mail: KKKK@BANE.dk
Telephone: +45 93547564

Internet address(es):

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

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

I.2) Information about joint procurement
I.6) Main activity
Railway services

Section II: Object

II.1) Scope of the procurement
II.1.1) Title:

DWDM System

Reference number: 2019-18435
II.1.2) Main CPV code
32500000
II.1.3) Type of contract
Supplies
II.1.4) Short description:

The contractual basis is divided into two (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.

II.1.6) Information about lots
This contract is divided into lots: no
II.2) Description
II.2.1) Title:
II.2.2) Additional CPV code(s)
32522000
72000000
II.2.3) Place of performance
NUTS code: DK0
II.2.4) Description of the procurement:

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 (1st) Partial Delivery (phase) of the DWDM Network within eight (8) weeks of Banedanmark’s submission of a purchase order (‘PO’). The vendor must deliver the second (2nd) Partial Delivery (phase) within 45 days of delivery of the first (1st) 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 five (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 sub-contractor.

II.2.5) Award criteria
Quality criterion - Name: Quality / Weighting: 40
Quality criterion - Name: Security / Weighting: 30
Price - Weighting: 30
II.2.11) Information about options
Options: yes
Description of options:

The contract covers the following options:

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

(a) upgrade from 10GE to 100GE (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 10GE and 100GE 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 10GE services into a 100G wavelength with a maximum of 40 nodes;

(g) addition of a 10GE 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 one 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 one 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.

II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
II.2.14) Additional information

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 first partial delivery (phase 1) under the contract and expires after eight (8) years without further notice. The agreement can be extended cf. II.2.7).

Section IV: Procedure

IV.1) Description
IV.1.1) Type of procedure
Open procedure
IV.1.3) Information about a framework agreement or a dynamic purchasing system
IV.1.6) Information about electronic auction
IV.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: yes
IV.2) Administrative information
IV.2.1) Previous publication concerning this procedure
Notice number in the OJ S: 2020/S 006-009712
IV.2.8) Information about termination of dynamic purchasing system
IV.2.9) Information about termination of call for competition in the form of a periodic indicative notice

Section V: Award of contract

Contract No: 1
Title:

DWDM System

A contract/lot is awarded: no
V.1) Information on non-award
The contract/lot is not awarded
No tenders or requests to participate were received or all were rejected

Section VI: Complementary information

VI.3) Additional information:

Regarding II.1.5): the estimated total value is between DKK 30 000 000.00 — 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 e-mail, 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), nos. 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.

VI.4) Procedures for review
VI.4.1) Review body
Official name: Klagenævnet for Udbud
Postal address: Nævnenes Hus, Toldboden 2
Town: Viborg
Postal code: 8800
Country: Denmark
E-mail: klfu@naevneneshus.dk
Telephone: +45 72405600

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

VI.4.2) Body responsible for mediation procedures
VI.4.3) Review procedure
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, E-mail, Address is given in Section VI.4.1).

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

VI.4.4) Service from which information about the review procedure may be obtained
Official name: Konkurrence- og Forbrugerstyrelsen
Postal address: Carl Jacobsens Vej 35
Town: Valby
Postal code: 2500
Country: Denmark
E-mail: kfst@kfst.dk
Telephone: +45 41715000

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

VI.5) Date of dispatch of this notice:
13/03/2020

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