The contracting authority is tendering a public contract regarding payment gateway and acquiring services, including related and complementary services.
The contract is not divided into subcontracts, as significant economies of scale are expected by consolidating the activities.
The time indications in the tender material are stated based on the time zone of Denmark.
The estimated value below is the maximum value of costs and fees that the contracting authority estimates will be able to accrue over the 7 years that the contract may run.
Deadline
Fristen for modtagelse af bud var på 2020-10-27.
Indkøbet blev offentliggjort på 2020-09-25.
Objekt Omfanget af udbuddet
Titel:
“Contract Regarding Payment Gateway and Acquiring Services, Including Related and Complementary Services
Payment gateway and Acquiring”
Produkter/tjenester: Finansielle tjenester og forsikringstjenester📦
Kort beskrivelse:
“The contracting authority is tendering a public contract regarding payment gateway and acquiring services, including related and complementary services.
The...”
Kort beskrivelse
The contracting authority is tendering a public contract regarding payment gateway and acquiring services, including related and complementary services.
The contract is not divided into subcontracts, as significant economies of scale are expected by consolidating the activities.
The time indications in the tender material are stated based on the time zone of Denmark.
The estimated value below is the maximum value of costs and fees that the contracting authority estimates will be able to accrue over the 7 years that the contract may run.
Vis mere
Anslået værdi uden moms: DKK 85 000 000 💰
1️⃣
Yderligere produkter/tjenester: Programmering af software og konsulentvirksomhed📦
Yderligere produkter/tjenester: Programmelrelaterede tjenester📦
Yderligere produkter/tjenester: Levering af programmel📦
Sted for udførelsen: Danmark🏙️
Hovedsted eller sted for udførelsen: Denmark.
Beskrivelse af udbuddet:
“The tender procedure will be conducted in accordance with the provisions in the Danish Public Procurement Act (Udbudsloven).
The contracting authority is...”
Beskrivelse af udbuddet
The tender procedure will be conducted in accordance with the provisions in the Danish Public Procurement Act (Udbudsloven).
The contracting authority is tendering a public contract regarding payment gateway and acquiring services, including related and complementary services.
This includes payment gateway services such as:
— deposit methods,
— store cards,
— recurrent (subscription),
— transaction details,
— frontend,
— fraud/anti-money laundering (AML),
— reporting,
— configuration,
— handling of multiple merchants,
— payment gateway administrative interface/backoffice,
— withdrawals,
— Omnichannel,
— services related to account-2-account/open banking.
This includes acquiring services such as:
— acquiring,
— safety (compliance),
— finance and reconciliation,
— retail.
Vis mere Kriterier for tildeling
Prisen er ikke det eneste tildelingskriterium, og alle kriterier er kun anført i udbudsdokumenterne
Kontraktens, rammeaftalens eller det dynamiske indkøbssystems varighed
Nedenstående tidsramme er udtrykt i antal måneder.
Beskrivelse
Varighed: 48
Kontraktens, rammeaftalens eller det dynamiske indkøbssystems varighed
Denne kontrakt kan forlænges ✅ Beskrivelse
Beskrivelse af fornyelser:
“The contract can run for a total of up to 84 months from the go-live-date.
The duration of the contract is 4 years calculated from the go-live-date and can...”
Beskrivelse af fornyelser
The contract can run for a total of up to 84 months from the go-live-date.
The duration of the contract is 4 years calculated from the go-live-date and can be extended by the contracting authority up to 3 times, with each extension running 1 year, so that the total duration of the contract can be up to 7 years from the go-live-date.
Vis mere Oplysninger om begrænsningerne i antallet af ansøgere, der kan indbydes
Påtænkt antal ansøgere: 3
Objektive kriterier for udvælgelse af det begrænsede antal ansøgere:
“3 applicants will be pre-qualified to submit initial tenders, if the contracting authority receives a request for pre-qualification from more than 3...”
Objektive kriterier for udvælgelse af det begrænsede antal ansøgere
3 applicants will be pre-qualified to submit initial tenders, if the contracting authority receives a request for pre-qualification from more than 3 suitable applicants.
The pre-qualification of the most suitable candidates is based on which applicants document the most relevant references, based on the information in the references provided by the applicant in Part IV, C of the ESPD, ‘Technical and professional capacity’.
In the evaluation of the relevance of the up to three (3) references regarding the delivery of payment gateway services cf. II.2.4) of the contract notice, it is weighted positively if the references together (meaning it is sufficient that 1 reference covers each selection criteria, 1-4) contains:
1) Dankort processing;
2) MobilePay processing;
3) subscription management;
4) payment gateway services delivered to a gambling company.
And to what extent:
5) the payment gateway services in the references together constitute a large monetary value (where a larger value is preferred over a smaller value).
Section 1-5 reflects the priority of the selection criteria, which is used in the overall assessment of the references regarding the delivery of payment gateway services, where section 1 is given the greatest importance, while section 5 is given the least importance. The evaluation of the payment gateway references will be conducted as an overall assessment, where a score is given from 0-10) where 10 is best.
In the evaluation of the relevance of the up to three (3) references regarding the delivery of acquiring services cf. II.2.4) of the contract notice, it is weighted positively if the references together (meaning it is sufficient that 1 reference covers each selection criteria, 1-3) contains:
1) acquiring services delivered to a customer subject to the Money Laundering Directive (EU Directive 2015/849 on preventing the use of the financial system for money laundering or terrorist financing);
2) acquiring services delivered in retail (physical store(s));
3) acquiring services delivered to a gambling company and to what extent;
4) acquiring services in the references together constitute a large monetary value (where a larger value is preferred over a smaller value).
Section 1-4 reflects the priority of the selection criteria, which is used in the overall assessment of the references regarding the delivery of acquiring services, where section 1. is given the greatest importance, while section 4 is given the least importance. The evaluation of the acquiring references will be conducted as an overall assessment, where a score is given from 0-10, where 10 is best.
The total evaluation of all the references for both payment gateway and acquiring services will be calculated as follows: points for references regarding payment gateway services * 70 % + points for references regarding acquiring services * 30 %. Applicants with the highest overall evaluation of their references have submitted the most relevant references.
Vis mere Oplysninger om valgmuligheder
Indstillinger ✅
Beskrivelse af mulighederne:
“The contract contains the following two (2) mandatory options:
A. Youbet,
B. Tivoli Casino.
The options are extensions of the Acquiring services otherwise...”
Beskrivelse af mulighederne
The contract contains the following two (2) mandatory options:
A. Youbet,
B. Tivoli Casino.
The options are extensions of the Acquiring services otherwise delivered to also include acquiring associated with the brands ‘Youbet’ and ‘Tivoli Casino’.
Vis mere Beskrivelse
Yderligere oplysninger:
“An information meeting will be held on Tuesday, October 6 from 12.30-14.00. The information meeting will be held online via Microsoft Teams.
The meeting can...”
Yderligere oplysninger
An information meeting will be held on Tuesday, October 6 from 12.30-14.00. The information meeting will be held online via Microsoft Teams.
The meeting can be accessed via the link in the invitation letter in EU-Supply.
Interested participants are encouraged to try out Microsoft Teams before the meeting.
Juridiske, økonomiske, finansielle og tekniske oplysninger Teknisk og faglig kompetence
Liste og kortfattet beskrivelse af udvælgelseskriterier:
“The applicant should in Part IV, C of the ESPD describe the six (6) most relevant references, cf. II.2.9) of the contract notice, carried out by the...”
Liste og kortfattet beskrivelse af udvælgelseskriterier
The applicant should in Part IV, C of the ESPD describe the six (6) most relevant references, cf. II.2.9) of the contract notice, carried out by the applicant during the last 3 years before the application deadline:
— 3 (of the 6) references regarding the delivery of payment gateway services;
— 3 (of the 6) references regarding the delivery of acquiring services.
Only references relating to services performed at the time of application will be given importance. Therefore, in the case of an ongoing delivery, only the part of the deliveries made at the time of application can be included in the reference.
Deliveries to the contracting authority may be used as a reference.
Deliveries of acquiring services regarding Dankort must not be included in the references for acquiring services. If an applicant has delivered both payment gateway services and acquiring services cf. II.2.4) of the contract notice, under the same contract, and the applicant wishes to use the deliveries as references, then the two different services are separated and the applicant dedicates a reference to each description.
It should, as a minimum, be very clear from the description of each reference who the customer was, whether the reference regards payment gateway services or acquiring service, a more detailed description of which deliveries were covered by the reference, the time of delivery and the financial size of the reference at the time of the application.
No more than 6 references can be submitted in total and no more than 3 references for payment gateway services and acquiring services, respectively, even if the tenderer relies on others or is a consortium. If more than 6 references in total are submitted, only the first 6 references will be included in the evaluation. If more than 3 references in total are submitted for payment gateway services and acquiring services, respectively, only the first 3 references will be included in the evaluation regarding each.
When submitting an application, the applicant agrees that the contracting authority can contact the specified customer in the references in order to have the accuracy of the submitted information confirmed.
Vis mere Betingelser i forbindelse med kontrakten
Betingelser for opfyldelse af kontrakten:
“The code of conduct set out in Appendix 9 must be complied with. This annex contains i.a. requirements regarding the UN Global Compact, the UN Guidelines on...”
Betingelser for opfyldelse af kontrakten
The code of conduct set out in Appendix 9 must be complied with. This annex contains i.a. requirements regarding the UN Global Compact, the UN Guidelines on Human Rights and Business, the OECD Guidelines for Multinational Enterprises and ILO Convention No 94.
Procedure Type af procedure
Konkurrencepræget procedure med forhandling
Oplysninger om forhandling
Den ordregivende myndighed forbeholder sig ret til at tildele kontrakten på grundlag af de første tilbud uden at føre forhandlinger
Administrative oplysninger
Frist for modtagelse af bud eller ansøgninger om deltagelse: 2020-10-27
10:00 📅
Anslået dato for afsendelse af invitationer til at afgive tilbud eller deltage til udvalgte ansøgere: 2020-11-12 📅
Sprog, på hvilke bud eller ansøgninger om deltagelse kan indgives: engelsk 🗣️
Nedenstående tidsramme er udtrykt i antal måneder.
Minimumsfrist, inden for hvilken tilbudsgiveren skal opretholde tilbuddet: 6
Supplerende oplysninger Yderligere oplysninger
“Participation in the tender procedure can only take place electronically via EU-Supply. To access the tender material, the applicant must be registered or...”
Participation in the tender procedure can only take place electronically via EU-Supply. To access the tender material, the applicant must be registered or register as a user in EU-Supply, which can be done free of charge.
The applicants and tenderers may ask written questions during the tender procedure. Questions are asked via EU Supply's dedicated module for questions. The deadline for submission of questions during the pre-qualification phase is 9 calendar days before the deadline for submission of applications. Questions received later cannot be expected to be answered. In addition to this, questions can only be expected to be answered if it is possible to answer them no later than 6 calendar days before the deadline.
Applications are submitted in EU Supply's dedicated module for submission of applications. The application is a filled out ESPD. In the case of an association of economic operators (a consortium), a separate ESPD must be submitted for each of the participating economic operators. The ESPD of the other participating economic operators shall contain the information required in Part II-V of the ESPD. By submitting the ESPD, the economic operators of the association declare to assume direct, joint and several and unlimited liability for the fulfilment of the contract.
If the applicant relies on the ability of other entities, an ESPD must be submitted for each of the entities on which the applicant relies on. The relevant information for each entity on which the applicant relies on, is stated in Part II, A + B and Part III of the ESPD, as well in Part IV, B, C and Part V. By submitting the ESPD, each of the entities on which the applicant bases his capacity declare, to assume direct, joint and several and unlimited liability for the fulfilment of the contract.
An economic operator can only be a participant in one association of economic operators (a consortium). However, the same economic operator may well be a participant in one association and at the same time let other tenderers rely on it or be a subcontractor to several tenderers.
However, each applicant may submit only one application for pre-qualification.
The applicant will be excluded from participation in the tender procedure if the candidate is covered by the mandatory grounds for exclusion mentioned in sections 135 and 136 of the Danish Public Procurement Act (Udbudsloven), unless the applicant has submitted sufficient documentation that the applicant is reliable in accordance with section 138 (self cleaning).
At any time during the tender procedure, but before the award decision, the contracting authority can demand, that the tenderers who are still participating in the procedure or to whom the contracting authority intends to award the contract, must submit documentation for the information submitted in the ESPD.
Subcontractors on whom the applicant has relied on, must sign a declaration of commitment that bind the subcontractors to be jointly and severally liable for the fulfillment of the contract, as part of the documentation.
Each economic operator in an association of economic operators, must sign a declaration concerning formation of consortium that binds each economic operator to be jointly and severally liable for the fulfillment of the contract, as part of the documentation.
Regarding section IV.2.4) in the contract notice: questions, applications and tenders are submitted in English. The contracting authority reserves the right to disregard those parts of the questions, applications and tenders which have not been submitted in English.
Vis mere Gennemgå organ
Navn: Klagenævnet for Udbud
Postadresse: Nævnenes Hus, Toldboden 2
Postby: Viborg
Postnummer: 8800
Land: Danmark 🇩🇰
Telefon: +45 72405600📞
E-mail: klfu@naevneneshus.dk📧
URL: https://klfu.naevneneshus.dk/🌏 Gennemgangsprocedure
Præcise oplysninger om fristerne for gennemgangsprocedurer:
“According to the Danish act on the Complaints Board for Public Procurement (Lov om Klagenævnet for Udbud), the following deadlines apply for filing a...”
Præcise oplysninger om fristerne for gennemgangsprocedurer
According to the Danish act on the Complaints Board for Public Procurement (Lov om Klagenævnet for Udbud), the following deadlines apply for filing a complaint:
Complaints regarding a candidate not being pre-qualified must be filed with the Danish Complaints Board for Public Procurement (Klagenævnet for Udbud) within 20 calendar, cf. section 7, paragraph 1 of the Act, starting the day after the contracting authority has sent notification to the candidates involved, provided that the notification includes a short account of the relevant reasons for the decision, cf. section 2, paragraph 1 of the Act and section 171, paragraph 2 of the Danish Public Procurement Act (Udbudsloven).
Other complaints must, cf. section 7, paragraph 2 of the Danish act on the Complaints Board for Public Procurement Act (Lov om Klagenævnet for Udbud), be filed with the Danish Complaints Board for Public Procurement (Klagenævnet for Udbud) within:
1) 45 calendar days after the contracting authority has published a contract award notice in the Official Journal of the European Union (with effect from the day following the publication date);
2) 30 calendar days starting the day after the contracting authority has informed the tenderers in question, that the contracting authority has entered into a contract based on a framework agreement through reopening of competition or a dynamic purchasing system, provided that the notification includes a short account of the relevant reasons for the decision;
3) 6 months starting the day after the contracting authority has sent notification to the candidates/tenderers involved that the contracting authority has entered into the framework agreement, provided that the notification included a short account of the relevant reasons for the decision, cf. section 2, paragraph 2 of the Act and 171, paragraph 4 of the Danish Public Procurement Act (Udbudsloven);
4) 20 calendar days from the day after the contracting authority has notified its decision, cf. section 185, paragraph 2 of the Danish Public Procurement Act (Udbudsloven).
No later than the time a complaint is lodged with the Danish Complaints Board for Public Procurement (Klagenævnet for Udbud), the complainant must notify the contracting authority in writing that a complaint is submitted to the Danish Complaints Board for Public Procurement (Klagenævnet for Udbud), and whether the complaint has been filed during the standstill period, cf. section 6, paragraph 4 the Danish act on the Complaints Board for Public Procurement (Lov om Klagenævnet for Udbud). In cases where the complaint has not been lodged during the standstill period, the complainant must also indicate whether a suspensory effect is requested from the complaint, cf. section 12, paragraph 1 of the Act.
The Danish Complaints Board for Public Procurement (Klagenævnet for Udbud) email address is stated in Section VI.4.1).
The Danish Complaints Board for Public Procurements (Klagenævnet for Udbud) complaint instructions can be found at: www.erhvervsstyrelsen.dk
Vis mere Tjeneste, hvorfra der kan indhentes oplysninger om klageproceduren
Navn: Konkurrence- og Forbrugerstyrelsen
Postadresse: Carl Jacobsens Vej 35
Postby: Valby
Postnummer: 2500
Land: Danmark 🇩🇰
Telefon: +45 41715000📞
E-mail: kfst@kfst.dk📧
URL: http://www.kfst.dk🌏
Kilde: OJS 2020/S 190-459054 (2020-09-25)
Supplerende oplysninger (2020-10-09) Objekt Omfanget af udbuddet
Titel:
“Contract Regarding Payment Gateway and Acquiring Services, including Related and Complementary Services
Payment gateway and Acquiring”
Supplerende oplysninger Oprindelig reference til meddelelsen
Meddelelsesnummer i EUT S: 2020/S 190-459054
Ændringer Andre supplerende oplysninger
“The contract includes acquiring services and payment gateway services for the contracting authority, including options regarding acquiring services for the...”
The contract includes acquiring services and payment gateway services for the contracting authority, including options regarding acquiring services for the activities related to Youbet and Tivoli Casino. However, a replacement of the current payment gateways used on the brands Tivoli Casino and YouBet are out of scope for the contract.
The contracting authority can therefore also use the offered acquiring services and payment gateway services for new business activities in the future including those who offspring from new brands and from the contracting authority’s subsidiaries.
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Kilde: OJS 2020/S 200-486159 (2020-10-09)
Supplerende oplysninger (2020-10-28)
Ændringer Tekst, der skal berigtiges i den oprindelige meddelelse
Afsnittets nummer: II.2.9)
Sted for den tekst, der skal ændres: Criteria 5 regarding payment gateway services
Gammel værdi
Tekst:
“5) The payment gateway services in the references together constitute a large monetary value (where a larger value is preferred over a smaller value).” Ny værdi
Tekst:
“5) The payment gateway services in the references together constitute a large transaction volume (where a larger volume is preferred over a smaller volume).” Tekst, der skal berigtiges i den oprindelige meddelelse
Afsnittets nummer: II.2.9)
Sted for den tekst, der skal ændres: Criteria 4 regarding acquiring services
Gammel værdi
Tekst:
“4) Acquiring services in the references together constitute a large monetary value (where a larger value is preferred over a smaller value).” Ny værdi
Tekst:
“4) Acquiring services in the references together have cleared a large monetary amount (where a larger amount is preferred over a smaller amount).” Tekst, der skal berigtiges i den oprindelige meddelelse
Afsnittets nummer: III.1.3)
Sted for den tekst, der skal ændres: Technical and professional ability: First section
Gammel værdi
Tekst:
“It should, as a minimum, be very clear from the description of each reference who the customer was, whether the reference regards payment gateway services...”
Tekst
It should, as a minimum, be very clear from the description of each reference who the customer was, whether the reference regards payment gateway services or acquiring service, a more detailed description of which deliveries were covered by the reference, the time of delivery and the financial size of the reference at the time of the application.
Vis mere Ny værdi
Tekst:
“It should, as a minimum, be very clear from the description of each reference who the customer was, whether the reference regards payment gateway services...”
Tekst
It should, as a minimum, be very clear from the description of each reference who the customer was, whether the reference regards payment gateway services or acquiring service, a description of which deliveries were covered by the reference, the time of delivery and the transaction volume (if the reference regards payment gateway services)/the monetary clearing amount (if the reference regards acquiring services) of the reference at the time of the application.
Vis mere Tekst, der skal berigtiges i den oprindelige meddelelse
Afsnittets nummer: IV.2.2)
Sted for den tekst, der skal ændres: Time limit for receipt of tenders or requests to participate
Gammel værdi
Dato: 2020-10-27 📅
Tid: 10:00
Ny værdi
Dato: 2020-11-03 📅
Tid: 10:00
Andre supplerende oplysninger
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Kilde: OJS 2020/S 213-522587 (2020-10-28)
Bekendtgørelse om indgåede kontrakter (2020-11-19) Objekt Beskrivelse
Beskrivelse af udbuddet:
“The tender procedure will be conducted in accordance with the provisions in the Danish Public Procurement Act (Udbudsloven).
The contracting authority is...”
Beskrivelse af udbuddet
The tender procedure will be conducted in accordance with the provisions in the Danish Public Procurement Act (Udbudsloven).
The contracting authority is tendering a public contract regarding payment gateway and acquiring services, including related and complementary services.
This includes payment gateway services such as:
— deposit methods,
— store cards,
— recurrent (subscription),
— transaction details,
— frontend,
— fraud/Anti-money laundering (AML),
— reporting,
— configuration,
— handling of multiple merchants,
— payment gateway administrative interface/backoffice,
— withdrawals,
— omnichannel,
— services related to account-2-account/open banking.
This includes acquiring services such as:
— acquiring,
— safety (compliance),
— finance and reconciliation,
— retail.
Vis mere Kriterier for tildeling
Kvalitetskriterium (navn): Quality
Kvalitetskriterium (vægtning): 50 %
Pris (justeringskoefficient): 50 %
Oplysninger om valgmuligheder
Beskrivelse af mulighederne:
“The contract contains the following two (2) mandatory options:
A. Youbet,
B. Tivoli Casino.
The options are extensions of the acquiring services otherwise...”
Beskrivelse af mulighederne
The contract contains the following two (2) mandatory options:
A. Youbet,
B. Tivoli Casino.
The options are extensions of the acquiring services otherwise delivered to also include acquiring associated with the brands ‘Youbet’ and ‘Tivoli Casino’.
Procedure Administrative oplysninger
Tidligere offentliggørelse vedrørende denne procedure: 2020/S 190-459054
Tildeling af kontrakt
1️⃣
Kontraktnummer: 1
Titel:
“Contract Regarding Payment Gateway and Acquiring Services, including Related and Complementary Services” Oplysninger om ikke-tilskudsgivende
Andre årsager (afbrydelse af proceduren)
Supplerende oplysninger Yderligere oplysninger
“Participation in the tender procedure can only take place electronically via EU-Supply. To access the tender material, the applicant must be registered or...”
Participation in the tender procedure can only take place electronically via EU-Supply. To access the tender material, the applicant must be registered or register as a user in EU-Supply, which can be done free of charge.
The applicants and tenderers may ask written questions during the tender procedure. Questions are asked via EU-Supply's dedicated module for questions. The deadline for submission of questions during the pre-qualification phase is 9 calendar days before the deadline for submission of applications. Questions received later cannot be expected to be answered. In addition to this, questions can only be expected to be answered if it is possible to answer them no later than 6 calendar days before the deadline.
Applications are submitted in EU-Supply's dedicated module for submission of applications. The application is a filled out ESPD. In the case of an association of economic operators (a consortium), a separate ESPD must be submitted for each of the participating economic operators. The ESPD of the other participating economic operators shall contain the information required in Part II-V of the ESPD. By submitting the ESPD, the economic operators of the association declare to assume direct, joint and several and unlimited liability for the fulfilment of the contract.
If the applicant relies on the ability of other entities, an ESPD must be submitted for each of the entities on which the applicant relies on. The relevant information for each entity on which the applicant relies on, is stated in Part II, A + B and Part III of the ESPD, as well in Part IV, B, C and Part V. By submitting the ESPD, each of the entities on which the applicant bases his capacity declare, to assume direct, joint and several and unlimited liability for the fulfilment of the contract.
An economic operator can only be a participant in one association of economic operators (a consortium). However, the same economic operator may well be a participant in one association and at the same time let other tenderers rely on it or be a subcontractor to several tenderers.
However, each applicant may submit only one application for pre-qualification.
The applicant will be excluded from participation in the tender procedure if the candidate is covered by the mandatory grounds for exclusion mentioned in sections 135 and 136 of the Danish Public Procurement Act (Udbudsloven), unless the applicant has submitted sufficient documentation that the applicant is reliable in accordance with section 138 (self cleaning).
At any time during the tender procedure, but before the award decision, the contracting authority can demand, that the tenderers who are still participating in the procedure or to whom the contracting authority intends to award the contract, must submit documentation for the information submitted in the ESPD.
Subcontractors on whom the applicant has relied on, must sign a declaration of commitment that bind the subcontractors to be jointly and severally liable for the fulfilment of the contract, as part of the documentation.
Each economic operator in an association of economic operators, must sign a declaration concerning formation of consortium that binds each economic operator to be jointly and severally liable for the fulfilment of the contract, as part of the documentation.
Regarding section IV.2.4) in the contract notice: questions, applications and tenders are submitted in English. The contracting authority reserves the right to disregard those parts of the questions, applications and tenders which have not been submitted in English.
Vis mere Gennemgangsprocedure
Præcise oplysninger om fristerne for gennemgangsprocedurer:
“According to the Danish act on the Complaints Board for Public Procurement (Lov om Klagenævnet for Udbud), the following deadlines apply for filing a...”
Præcise oplysninger om fristerne for gennemgangsprocedurer
According to the Danish act on the Complaints Board for Public Procurement (Lov om Klagenævnet for Udbud), the following deadlines apply for filing a complaint:
Complaints regarding a candidate not being pre-qualified must be filed with the Danish Complaints Board for Public Procurement (Klagenævnet for Udbud) within 20 calendar, cf. section 7, paragraph 1 of the Act, starting the day after the contracting authority has sent notification to the candidates involved, provided that the notification includes a short account of the relevant reasons for the decision, cf. section 2, paragraph 1 of the Act and section 171, paragraph 2 of the Danish Public Procurement Act (Udbudsloven).
Other complaints must, cf. section 7, paragraph 2 of the Danish act on the Complaints Board for Public Procurement Act (Lov om Klagenævnet for Udbud), be filed with the Danish Complaints Board for Public Procurement (Klagenævnet for Udbud) within:
1) 45 calendar days after the contracting authority has published a contract award notice in the Official Journal of the European Union (with effect from the day following the publication date);
2) 30 calendar days starting the day after the contracting authority has informed the tenderers in question, that the contracting authority has entered into a contract based on a framework agreement through reopening of competition or a Dynamic Purchasing System, provided that the notification includes a short account of the relevant reasons for the decision;
3) 6 months starting the day after the contracting authority has sent notification to the candidates/tenderers involved that the contracting authority has entered into the framework agreement, provided that the notification included a short account of the relevant reasons for the decision, cf. section 2, paragraph 2 of the Act and 171, paragraph 4 of the Danish Public Procurement Act (Udbudsloven);
4) 20 calendar days from the day after the contracting authority has notified its decision, cf. section 185, paragraph 2 of the Danish Public Procurement Act (Udbudsloven).
No later than the time a complaint is lodged with the Danish Complaints Board for Public Procurement (Klagenævnet for Udbud), the complainant must notify the contracting authority in writing that a complaint is submitted to the Danish Complaints Board for Public Procurement (Klagenævnet for Udbud), and whether the complaint has been filed during the standstill period, cf. section 6, paragraph 4 the Danish act on the Complaints Board for Public Procurement (Lov om Klagenævnet for Udbud). In cases where the complaint has not been lodged during the standstill period, the complainant must also indicate whether a suspensory effect is requested from the complaint, cf. section 12, paragraph 1 of the Act.
The Danish Complaints Board for Public Procurement (Klagenævnet for Udbud) email address is stated in section VI.4.1).
The Danish Complaints Board for Public Procurements (Klagenævnet for Udbud) complaint instructions can be found at: www.erhvervsstyrelsen.dk
Vis mere
Kilde: OJS 2020/S 229-565061 (2020-11-19)