LD's Tenders for Fund Management and Depository Services, respectively

Lønmodtagernes Dyrtidsfond

Lønmodtagernes Dyrtidsfond (in the following referred to as ‘LD’) hereby issues an invitation to tender for two contracts regarding Fund Management Services and Depository Services, respectively.
This Procurement Procedure is carried out by LD on behalf of Kapitalforeningen LD (KLD) (Formerly named Den Professionelle Forening LD), in the following referred to as ‘KLD’).
The object of the tender is to contract with a Fund Manager and a Depositary Bank (Global Custodian) regarding the fund management services and depositary services, respectively, of KLD's assets.
The Fund Manager as well as the Depositary Bank each has to fulfil all legal requirements to offer the depositary services and fund management services, respectively, in Denmark.

Deadline

Fristen for modtagelse af bud var på 2017-09-04. Indkøbet blev offentliggjort på 2017-07-03.

Hvem?

• Lønmodtagernes Dyrtidsfond

Hvad?

Hvor?

• Hovedstaden › Byen København

Indkøbshistorik

Dato	Dokument
2017-07-03	Udbudsbekendtgørelse
2017-08-09	Bekendtgørelse om indgåede kontrakter

Udbudsbekendtgørelse (2017-07-03)
Objekt
Omfanget af udbuddet
Titel: Bank- og investeringstjenesteydelser
Kort beskrivelse:

Lønmodtagernes Dyrtidsfond (in the following referred to as ‘LD’) hereby issues an invitation to tender for two contracts regarding Fund Management Services and Depository Services, respectively. This Procurement Procedure is carried out by LD on behalf of Kapitalforeningen LD (KLD) (Formerly named Den Professionelle Forening LD), in the following referred to as ‘KLD’). The object of the tender is to contract with a Fund Manager and a Depositary Bank (Global Custodian) regarding the fund management services and depositary services, respectively, of KLD's assets. The Fund Manager as well as the Depositary Bank each has to fulfil all legal requirements to offer the depositary services and fund management services, respectively, in Denmark.

Bekendtgørelsens metadata
Originalsprog: engelsk 🗣️
Dokumenttype: Udbudsbekendtgørelse
Kontraktens art: Tjenesteydelser
Forordning: Den Europæiske Union
Fælles glossar for offentlige kontrakter (CPV)
Kode: Bank- og investeringstjenesteydelser 📦
Yderligere CPV-kode: Bank- og investeringstjenesteydelser 📦
Tjenesteydelser i forbindelse med værdipapirer 📦
Sted for udførelsen
NUTS-region: Byen København 🏙️

Procedure
Procedureform: Offentligt udbud
Bud-type: Indsendelse gældende for alle delaftaler
Kriterier for tildeling
Det økonomisk mest fordelagtige bud

Ordregivende myndighed
Identitet
Land: Danmark 🇩🇰
Type af ordregivende myndighed: Offentligretligt organ
Navn på ordregivende myndighed: Lønmodtagernes Dyrtidsfond
Postadresse: Dirch Passers Allé 27, 2. sal
Postnummer: 2000
Postby: Frederiksberg
Kontakt
Internetadresse: http://www.ld.dk 🌏
E-mail: tender2017@ld.dk 📧
Telefon: +45 33368943 📞
URL til dokumenter: http://www.ld.dk 🌏

Reference
Datoer
Afsendelsesdato: 2017-07-03 📅
Tilbudsfrist: 2017-09-04 📅
Offentliggørelsesdato: 2017-07-07 📅
Identifikatorer
Bekendtgørelsesnummer: 2017/S 128-261296
Henviser til bekendtgørelse: 2017/S 101-202274
EUT-S-nummer: 128
Yderligere oplysninger

All tender material is available on LD's webpage, cf. section I.3). However, LD stresses that a few of the appendices — Appendix 3A-3F and Appendix 8 — are considered being strictly confidential and therefore the tenderers have to sign and return a NDA in Appendix 11 prior to receiving these documents. LD refers to the NDA and the web page for further instructions.

Objekt
Omfanget af udbuddet
Kort beskrivelse:

This Procurement Procedure is carried out by LD on behalf of Kapitalforeningen LD (KLD) (Formerly named Den Professionelle Forening LD), in the following referred to as ‘KLD’).

The object of the tender is to contract with a Fund Manager and a Depositary Bank (Global Custodian) regarding the fund management services and depositary services, respectively, of KLD's assets.

The Fund Manager as well as the Depositary Bank each has to fulfil all legal requirements to offer the depositary services and fund management services, respectively, in Denmark.

Anslået samlet værdi: 8 000 000 EUR 💰
Maksimalt antal delkontrakter pr. tilbudsgiver: 1
Oplysninger om partier:

This is a combined tender process of a Depository Bank and a Fund Manager, cf. section II.2.4. The Depository Bank and the Fund Manager are required to ‘team up’ and submit combined tenders for both contracts, but the Depository Bank and the Fund Manager will in the end — according to legal requirements — be requested to sign two separate contracts governing their offered services, respectively.

Delkontraktens titel: Fund Management
Delkontraktnummer: 1
Kort beskrivelse:

The object of the tender is to identify and contract with a Fund Manager and a Depositary Bank (Global Custodian) regarding the fund management services and depositary services, respectively, of KLD's assets. LD will in the tender specification describe the relevant services and requirements, which will include all regulatory services and furthermore some additional services.

Due to Danish financial regulation, some of the services have to be delivered by the Depository Bank and some of the services have to be delivered by the Fund Manager. However, some services could be delivered either by the Depository Bank or the Fund Manager. LD expects that the Depository Bank and the Fund Manager — with respect of Danish regulation — decide on their own, which of the two is in a better position to deliver such requested services.

With respect to the KLD's day-to-day business and operations, it is of utmost importance that the Depository Bank and the Fund Manager are able to work together and cooperate in an efficient manner and to provide services to the KLD. LD's completed market dialogue meetings furthermore underlined the importance of Fund Managers' and Depository Banks' freedom to pair up and define their corporations beforehand and by themselves, not being forces into a pairing or corporation by LD. Therefore LD (on behalf of KLD) has required a combined tender process of a Depository Bank and a Fund Manager which have joint experience in providing the requested depositary services and fund management services. The Depository Bank and the Fund Manager are thus required to hand in combined tenders for both contracts, which will be evaluated as such but the Depository Bank and the Fund Manager will in the end — according to legal requirements — be requested to sign two separate contracts governing their offered services, respectively.

Accordingly, LD conducts the tender process for Fund Management Services and Depository Services as one combined tender process including the two separate contracts but with an obligation for the tenderers to ‘pair up’ beforehand and submit a combined tender for both contracts.

Therefore, Tenderers have to ‘team up’ prior to the tender submission. LD will allow an entity to team up in more teams (e.g. the same Depositary can team up with more than one Fund Manager) as long as the legal requirements are fulfilled.

Anslået værdi uden moms: 4 000 000 EUR 💰
Varighed: 48 måneder
Yderligere oplysninger:

Delkontraktens titel: Depository Services
Delkontraktnummer: 2
Kort beskrivelse:

LD refer to the description above in section II.2.4) regarding Lot 1, which is covering both Lot 1 and 2.

Juridiske, økonomiske, finansielle og tekniske oplysninger
Betingelser for deltagelse
Egnethed til at udøve det erhverv:

A. The tenderers must have all proper licenses and authorisations to carry out the activities and deliver services to KLD in Denmark.

B. In LD's assessment this would require — with respect to the Fund Manager — documentation that the tenderer wishing to carry out the Fund Management Services is licensed by the Danish Financial Supervisory Authority as a management Company (In Danish: Investeringsforvaltningsselskab) in accordance with section 10 of the Danish Financial Business Act (In Danish: Bekendtgørelse af lov om finansiel virksomhed) — Consolidated Act no. 1125 as of 23 September 2010 as amended. The Fund Manager must be authorised to carry out the relevant activities listed in Annex 6 of the Danish Financial Business Act for the KLD.

C. In LD's assessment this would require — with respect to the Depository Services — documentation that the tenderer wishing to carry out the Depository Services — in accordance with Sections 3 (1), no. 5 and 110a(5) of the Danish Act of Investment Associations, Special-Purpose Associations and other Collective Investment Schemes etc. (in Danish: Bekendtgørelse af lov om investeringsforeninger og specialforeninger samt kollektive investeringsordninger m.v.) — Consolidated Act no. 904 as of 5. july 2010 as amended — is either (i) licensed by the Danish Financial Supervisory Authority as a bank (in Danish: pengeinstitut) in accordance with Section 7 of the Danish Financial Business Act (in Danish: bekendtgørelse af lov om finansiel virksomhed) — Consolidated Act no. 1125 as of 23 september 2010 as amended — authorised to carry out the relevant activities listed in Annex 1 of the Danish Financial Business Act for KLD, or (ii) Licensed by the relevant Financial regulator of another European Union (EU) Member State or a country within the European Economic Area (EEA) as a credit institution and is authorised to carry out depositary services in Denmark through a Danish branch in accordance with section 30 of the Danish Financial Business Act (in Danish: Bekendtgørelse af lov om Finansiel virksomhed) — Consolidated Act no. 1125 as of 23 september 2010 as amended — including the relevant activities to be performed for the KLD as further described in the tender material.

D. Furthermore, the tenderers are to note that if the contracts are in fact awarded to the tenderers, such tenderers must be approved as a Management Company / Depositary respectively of the KLD by the Danish Financial Supervisory Board.

E. The tenderers must be able to document their compliance with the abovementioned requirements in connection with signing the contract and at the latest before any delivery under the contract.

Procedure
Tidspunkt for modtagelse af tilbud: 13:00
Sprog, på hvilke bud eller ansøgninger om deltagelse kan indgives: engelsk 🗣️
Tilbuddets gyldighedsperiode: 4 måneder
Dato for åbning af tilbud: 2017-09-04 📅
Tidspunkt for åbning af tilbud: 13:00
Yderligere oplysninger: Tenderers will not be granted access to attend the opening of tenders.

Ordregivende myndighed
Identitet
Nationalt registreringsnummer: 61552812
Kontakt
Enhed: Michael Steen
URL til dokumenter: http://www.ld.dk 🌏

Reference
Yderligere oplysninger

A. As a part of the tender, the tenderers must submit an ESPD a a preliminary documentation of the circumstances set out in section 148 of the Danish Publis Procurement Act (in Danish: udbudsloven). Reference is made to the Danish Competition and Comsumer Authority's ESPD guide. The following parts of the eESPD must be completed:

— Part II: Information about the economic operator,

— Part III: Exclusion grounds,

— Part VI Concluding statements.

Each of the Fund Managers and the Depositary must respectively hand in a filled in ESPD alongside their tender.

B. For groups of tenderers/economic operators e.g. a consortium, a separate ESPD must be submitted for each of the participating tenderers — and a consortium declaration must be submitted as well, cf. the Consortium Declaration template included in the tender material published on the webpage. If a tenderer participates in the procedure together with others as described in part II, section A of the ESPD, this normally relates to whether the tenderers have formed a consortium. In this tender procedure, LD require tenderers to form a temporary association — not constituting a consortium — the main difference being that the Fund Manager and Depository Bank respectively will not be held jointly liable for the fulfillment of the contract. Tenderers are encouraged to fill in part II, section A stating the name of the Fund Manager or Depository Bank, whom the tenderer will be paired up with in the tender. If the tenderers — being both the Fund Manager and the Depository Bank — wish to submit tender as a consortium e.g. the fund manager wish to form a consortium with a third party not being the depositary bank, whereby the Fund Manager and the third party become jointly liable for the fulfillment of the Fund Management Services Contract, then the Fund Manager must declare this in the tender and submit separate ESPD for this third party and a consortium declaration signed by the Fund Manager and the third party — and submit the tender in combination with the Depositary.

C. If a tenderer relies upon the capacity of other entities, an ESPD must be submitted for the tenderer and also for each of the entities on which the tenderers relies upon — and a declaration of support must be submitted as well, cf. the Declaration of Support templates included in the tender material published on LD's webpage. The tenderers — being both the Fund Manager and the Depository Bank — may rely on the financial and/or technical capacity of other entities (e.g. parent company or subcontractor) regardless of the legal nature of the connections between the tenderer and the entities on which the tenderer relies. The tenderer must then prove that the tenderer has at its disposal the resources necessary to fulfill the contract, e.g. by providing a declaration of support proving the legal commitment form these entities to make the required resources available in the contract period, Any supporting entities submit their own ESPD.

D. Before the decision to Award the contract is made, the winning pairing of tenderers to whom LD intends to Award the contract must provide final documentation of the information submitted in the ESPD pursuant to sections 151-153 of the Danish Public Procurements Act. Reference is made to the tender specifications, section 5.1.6 describing the required documentation.

Supplerende oplysninger
Gennemgå organ
Navn: Klagenævnet for Udbud
Postadresse: Nævnenes Hus, Toldboden 2
Postby: Viborg
Postnummer: 8800
Land: Danmark 🇩🇰
Telefon: +45 35291095 📞
E-mail: klfu@erst.dk 📧
Internetadresse: http://www.klfu.dk 🌏
Oplysninger om frister for klageprocedurer:

In accordance with Act no. 953 2.6.2016 (Lov om klagenævnet for Udbud m.v.), the deadlines for submitting a complaint are the following:

Complaints about a candidate not being selected must be filed within 20 calender days starting the day after the sontracting auhtority sent notification to the candidates involved, cf. section 171 of the Danish Public Procurement Act or section 2, 1) no 1 of the same Act, provided that the notification includes a short account of the relevant reasons of the decision.

Complaints about the award procedure must be lodged with the Danish Complaints Board for Public Procurement before the expiry of:

1) 45 calender days after the contracting authority has published a notice in the official Journal of the European Union (with effect form the day following the publication date)

2) 30 calender days from the day following the day on which the contracting authority has informed the tenderers that the contracting authorirty har entedered into a contract based on a framework agreement with reopening of competition or a dynamic purchasing system if the notification includes a sort account of the relevant reasons for the decision.

3) 6 months after the contracting authority has signed a framework agreement from the day following the day that the contracting authority has notified the tenderers, cf. section 2, 2) af the Act or section 171, 4) of the Danish Public Procurement Act.

4) 20 calender days form the day after the day the contracting authority has announced its decision see section 185, 2) of the Danish Public Procurement Act.

The complainant must inform the contracting authority of the complaint in writing and not later than simultaneously with the lodging of the complaint to the Danish Board of Public Procurement. The complaint must state whether the complaint was lodged in the stand still period. If the complaint has not been lodged in the stand still period, the complaint must also state whether the complaint is requested to be given suspensive effect.

Reference is made to the complaints procedure available at www.erhvervsstyrelsen.dk

Tjeneste, hvorfra der kan indhentes oplysninger om klageproceduren
Navn: Konkurrence- og Forbrugerstyrelsen
Postadresse: Carl Jacobsens Vej 35
Postby: Valby
Postnummer: 2500
Telefon: +45 41715000 📞
E-mail: kfst@kfst.dk 📧
Internetadresse: http://www.kfst.dk 🌏
Kilde: OJS 2017/S 128-261296 (2017-07-03)

Bekendtgørelse om indgåede kontrakter (2017-08-09)
Objekt
Omfanget af udbuddet
Kort beskrivelse:

LD hereby informs that LD unfortunately has to cancel and postpone the tenders published on 3.7.2017 in contract notice 2017/S 128-261296 due to internally and administrative reasons, which affects the tender. LD expects to announce a new — and similar — tender for Fund Management Services and Depositary Services in the end of August/beginning of September 2017. The new tender will include some changes in specific areas.

Bekendtgørelsens metadata
Dokumenttype: Bekendtgørelse om indgåede kontrakter

Procedure
Bud-type: Finder ikke anvendelse

Reference
Datoer
Afsendelsesdato: 2017-08-09 📅
Offentliggørelsesdato: 2017-08-10 📅
Identifikatorer
Bekendtgørelsesnummer: 2017/S 152-315465
Henviser til bekendtgørelse: 2017/S 128-261296
EUT-S-nummer: 152
Yderligere oplysninger
[This text has been deleted due to the cancellation].

Objekt
Omfanget af udbuddet
Kort beskrivelse:

LD expects to announce a new — and similar — tender for Fund Management Services and Depositary Services in the end of August/beginning of September 2017. The new tender will include some changes in specific areas.

[This text has been deleted due to the cancellation].

Yderligere oplysninger: [This text has been deleted due to the cancellation].

Procedure
Kriterier for tildeling
Kvalitetskriterium (navn): [This text has been deleted due to the cancellation]
Kvalitetskriterium (vægtning): 0 %
Omkostningskriterium: [This text has been deleted due to the cancellation]
Vægtning af omkostninger: 0 %

Supplerende oplysninger
Gennemgå organ
Oplysninger om frister for klageprocedurer:

In accordance with Act No 953 2.6.2016 (Lov om klagenævnet for Udbud m.v.), the deadlines for submitting a complaint are the following:

Complaints about a candidate not being selected must be filed within 20 calender days starting the day after the contracting authority sent notification to the candidates involved, cf. section 171 of the Danish Public Procurement Act or section 2, 1) no 1 of the same Act, provided that the notification includes a short account of the relevant reasons of the decision.

1) 45 calender days after the contracting authority has published a notice in the official Journal of the European Union (with effect form the day following the publication date);

2) 30 calender days from the day following the day on which the contracting authority has informed the tenderers that the contracting authority has entered into a contract based on a framework agreement with reopening of competition or a dynamic purchasing system if the notification includes a sort account of the relevant reasons for the decision;

3) 6 months after the contracting authority has signed a framework agreement from the day following the day that the contracting authority has notified the tenderers, cf. section 2, 2) of the Act or section 171, 4) of the Danish Public Procurement Act;

Kilde: OJS 2017/S 152-315465 (2017-08-09)

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