The scope of this tender is for the contracting authority (the Danish Ministry of Immigration and Integration — hereinafter referred to as ‘UIM’) to acquire a biometric matching system (hereinafter referred to as ‘BMS’) for matching of aliens, which shall be implemented into UIM’s IT portfolio. The contract shall cover IT support of biometric identification of aliens including the implementation, maintenance, sup-port and further development of the BMS supplemented by additional systems, IT solutions and associated IT consultancy services related hereto.
Deadline
Fristen for modtagelse af bud var på 2020-11-13.
Indkøbet blev offentliggjort på 2020-10-14.
Leverandører
Følgende leverandører er nævnt i tildelingsbeslutninger eller andre indkøbsdokumenter:
Objekt Omfanget af udbuddet
Titel: Contract Relating to Biometric Matching of Aliens
Produkter/tjenester: It-tjenester: rådgivning, programmeludvikling, internet og support📦
Kort beskrivelse:
“The scope of this tender is for the contracting authority (the Danish Ministry of Immigration and Integration — hereinafter referred to as ‘UIM’) to acquire...”
Kort beskrivelse
The scope of this tender is for the contracting authority (the Danish Ministry of Immigration and Integration — hereinafter referred to as ‘UIM’) to acquire a biometric matching system (hereinafter referred to as ‘BMS’) for matching of aliens, which shall be implemented into UIM’s IT portfolio. The contract shall cover IT support of biometric identification of aliens including the implementation, maintenance, sup-port and further development of the BMS supplemented by additional systems, IT solutions and associated IT consultancy services related hereto.
Vis mere
Anslået værdi uden moms: DKK 120 000 000 💰
The background of this tender is the Danish Parliament’s adoption of the Consolidation Act No 1022 of 2 October 2019 (the Aliens Act), which aims to let Danish authorities across the field of immigration establish and verify the identity of aliens in a quicker, suppler and more reliable way. The Danish authorities including UIM therefore now have legal capacity to record, store and process biometric data (finger-prints and facial photographs) on aliens to a greater extent than previously.
On this basis UIM wishes to acquire a BMS and to include such IT system in the current administrative procedures of UIM and UIM’s IT portfolio. The BMS shall be used for daily tasks in relation to identification of aliens and enable UIM to work with existing systems and registries of alien identities which form the basis for the case handling. Where appropriate, the BMS must additionally be able to support other authorities’ execution of tasks, including the Danish police, Danish Ministry of Foreign Affairs and the Danish regions and municipalities.
The contract will be covering the most significant technology areas for biometric matching and corresponding interfaces and integration points and among others contribute to ensure an effective and high quality IT solution for biometric matching of aliens provided to UIM to strengthen security and enhance identification usability in terms of response times and quality of data. Moreover, the contract shall provide the foundation for UIM to further expand and enhance the BMS in regard to new technology, including new development as well as any further additions, expansions and improvements to the existing solution.
The main services of the contract are the following:
(a) delivery and implementation of an IT-solution regarding biometric identification of aliens,
(b) maintenance and support of an IT-solution regarding biometric identification of aliens; and
(c) further development and associated consultancy services to an IT-solution regarding biometric identification of aliens.
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: 72
Kontraktens, rammeaftalens eller det dynamiske indkøbssystems varighed
Denne kontrakt kan forlænges ✅ Beskrivelse
Beskrivelse af fornyelser:
“The contract can be prolonged for 12 months to two (2) times, a total of 24 months.” Oplysninger om begrænsningerne i antallet af ansøgere, der kan indbydes
Påtænkt antal ansøgere: 3
Objektive kriterier for udvælgelse af det begrænsede antal ansøgere:
“The limitation of candidates who will be requested to submit a tender will be based on an evaluation of which candidates have documented the most relevant...”
Objektive kriterier for udvælgelse af det begrænsede antal ansøgere
The limitation of candidates who will be requested to submit a tender will be based on an evaluation of which candidates have documented the most relevant references, see section III.1.3), of the main 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 based on the extent to which the references combined document experience with delivery of services, which are comparable with the main services covered by the contract.
In the evaluation hereof, the contracting authority will award each candidate points on a scale from 1-5 for each main service specified in section II.2.4) based on the extent to which the references combined document experience with delivery of services, which are comparable with the main services covered by the contract. On that basis, each candidate is given an overall score calculated as the average points awarded for the main services.
Juridiske, økonomiske, finansielle og tekniske oplysninger Økonomisk og finansiel stilling
Liste og kortfattet beskrivelse af udvælgelseskriterier:
“The candidate must submit the European Single Procurement Document (‘ESPD’) with the following information:
1) the candidate's equity ratio in the most...”
Liste og kortfattet beskrivelse af udvælgelseskriterier
The candidate must submit the European Single Procurement Document (‘ESPD’) with the following information:
1) the candidate's equity ratio in the most recent financial year available;
2) the candidate's total annual turnover in the three latest financial years available.
If the candidate relies on the economic and financial capacity of other entities in relation to the fulfilment of minimum requirements, see below, the candidate and the entities in question will be required by the contracting entity to undertake joint and several liability for the performance of the contract.
The ESPD serves as provisional documentation that the candidate fulfils the minimum suitability requirements in respect of economic and financial capacity.
Before the award decision 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:
A statement regarding the operator's equity and assets in the most recent annual report/financial statement available, depending on when the operator was established if the equity and assets figures are available. For groups of operators (e.g. a consortium), the information in the most recent annual report/financial statement available must be submitted for each participating operator in the group. Where an operator relies on the economic and financial capacity of other entities (e.g. a parent company, a sister company or a subcontractor), information for such other entities must be provided as well.
A statement regarding the operator's total turnover in the three most recent annual reports/financial statements available, depending on when the operator was set up or started trading, if the figures for this turnover are available. For groups of operators (e.g. a consortium), the information in the three most recent annual reports/financial statements available must be submitted for each participating operator in the group. Where an operator relies on the economic and financial capacity of other entities (e.g. a parent company, a sister company or a subcontractor), information for such other entities must be provided as well.
“As a minimum requirement, an equity to total assets ratio is required of at least 10 % in the most recent annual report/financial statement available. The...”
As a minimum requirement, an equity to total assets ratio is required of at least 10 % in the most recent annual report/financial statement available. The equity to total assets ratio is calculated as the operator’s total equity divided by the operator’s total assets, calculated as a percentage. The equity to total assets ratio is thus calculated as (total equity/total assets) x 100 = equity to total assets ratio. If the candidate relies on the capacities of other entities, the equity to total assets ratio is calculated as the total equity of the candidate and such other entities divided by their total assets, calculated as a percentage. For groups of operators (e.g. a consortium), the equity to total assets ratio is calculated as the total equity of the operators divided by their total assets, calculated as a percentage. The information is to be stated in section IV.B of the ESPD.
As a minimum requirement, a total annual turnover of at least DKK 10 million is required in each of the three latest annual reports/financial statements available. If the candidate relies on the capacities of other entities, the turnover is to be calculated as the total turnover of the candidate and such other entities in each of the three 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 three latest annual reports/financial statements available. The information is to be stated in section IV.B of the ESPD.
Vis mere Teknisk og faglig kompetence
Liste og kortfattet beskrivelse af udvælgelseskriterier:
“The candidate must submit the ESPD with the following information:
A list of the five most significant comparable services, see sections II.1.4) and...”
Liste og kortfattet beskrivelse af udvælgelseskriterier
The candidate must submit the ESPD with the following information:
A list of the five 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 the 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) and in the evaluation of whether the minimum requirements regarding technical and professional capacity have been complied with, see below. 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 candidate 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 how the date is specified.
No more than five references may be stated, irrespective of whether the candidate is a single operator, whether the candidate relies on the technical capacity of other entities, or is a group of operators (e.g. a consortium).
If the candidate relies on the professional experience of other entities for the performance of specific parts of the services comprised by the contract, see section II.2.4), such specific parts of the services under the contract must be performed by the entity on which the candidate relies.
The ESPD serves as provisional documentation of the candidate's compliance with the selection criterion, see section II.2.9).
Before the award decision 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 verification of the information stated in the reference, including the dates of the reference indicated.
Vis mere Betingelser i forbindelse med kontrakten
Betingelser for opfyldelse af kontrakten:
“The contract lays down requirements on compliance with the law on processing of personal data.
The contract contains requirements that relevant staff...”
Betingelser for opfyldelse af kontrakten
The contract lays down requirements on compliance with the law on processing of personal data.
The contract contains requirements that relevant staff handling tasks in connection with the performance of the contract must be able to pass security clearance.
If the contract is awarded to a group of operators (such as a consortium), the participants of the group must undertake joint and several liability and appoint a joint representative, please see appendix H in the tender specifications.
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: 2020-11-13
23:59 📅
Anslået dato for afsendelse af invitationer til at afgive tilbud eller deltage til udvalgte ansøgere: 2020-11-30 📅
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 may only take place by electronic means via the electronic tendering system used by the contracting entity, see the address set out in section...”
Participation 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). For access, the candidate must be registered or register as a user of Ethics — Link to instructions https://www.ethics.dk/public/instructions/ETHICS.CA.vejledning.pdf
After the registration the candidate will have access to the non-confidential Public information and documents. To get access to the confidential documents, a candidate must sign Appendix I and send it to the contracting authority via Ethics. The contracting authority will then send the confidential documents via Ethics. Due to the fact that the access to some of the documents are restricted, the deadline for submission of tender has been prolonged with 5 days, cf. section 133 of the Danish Public Procurement Act (udbudsloven).
If the application contains several versions of the same document, the latest uploaded version will apply. Each candidate may only submit one application for pre-qualification.
All communication must take place through the electronic tendering system. Questions must be submitted not later than November 3 2020. 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 six days before expiry of the deadline cannot expect to be answered unless the deadline is also postponed. If the candidate encounters problems with the system, please contact support by email, support@ethics.dk, or telephone (+45) 70227007.
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 capacities of other entities, an ESPD must be submitted for each of the entities on which the tenderer relies.
In this procedure, the candidate may rely on the financial capacity of other operators to fulfil requirements stated in section III.1.2) and section II.2.9). The operator(s) making its/their financial capacity available to the candidate must sign a letter of commitment. The form is enclosed as an attachment to the tender specifications. 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, unless the candidate has submitted sufficient documentation, cf. section 138 of the Danish Public Procurement Act.
Before the award decision 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.
As regards sections II.1.5) and II.2.6), the amount is an estimate based on current prices and estimated needs for the entire term of the contract.
A technical dialogue has been conducted prior to this tender, see TED notice No 2018/S 216-493956: the contracting entity may use the procedure of section 159(5) of the Danish Public Procurement Act.
Vis mere Gennemgå organ
Navn: Klagenævnet for Udbud (The Danish Complaints Board for Public Procurement)
Postadresse: Nævnenes Hus, Toldboden 2
Postby: Viborg
Postnummer: 8800
Land: Danmark 🇩🇰
Telefon: +45 72405600📞
E-mail: klfu@naevneneshus.dk📧
URL: https://naevneneshus.dk/start-din-klage/klagenaevnet-for-udbud/🌏 Gennemgangsprocedure
Præcise oplysninger om fristerne for gennemgangsprocedurer:
“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...”
Præcise oplysninger om fristerne for gennemgangsprocedurer
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 standstill period, see section 6(4) of the Act. In cases where the complaint was not lodged within the standstill period, the complainant must furthermore indicate whether a suspensory effect of the complaint has been requested, see section 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 https://naevneneshus.dk/start-din-klage/klagenaevnet-for-udbud/vejledning/
Vis mere Tjeneste, hvorfra der kan indhentes oplysninger om klageproceduren
Navn:
“Konkurrence- og Forbrugerstyrelsen (The Danish Competition and Consumer Authority)”
Postadresse: Carl Jacobsens Vej 35
Postby: Valby
Postnummer: 2500
Land: Danmark 🇩🇰
Telefon: +45 41715000📞
E-mail: kfst@kfst.dk📧
URL: www.kfst.dk🌏
Kilde: OJS 2020/S 203-493729 (2020-10-14)
Supplerende oplysninger (2020-11-09) Objekt Omfanget af udbuddet
Kort beskrivelse:
“The scope of this tender is for the contracting authority (the Danish Ministry of Immigration and Integration – hereinafter referred to as ‘UIM’) to acquire...”
Kort beskrivelse
The scope of this tender is for the contracting authority (the Danish Ministry of Immigration and Integration – hereinafter referred to as ‘UIM’) to acquire a biometric matching system (hereinafter referred to as ‘BMS’) for matching of aliens, which shall be implemented into UIM’s IT portfolio. The contract shall cover IT support of biometric identification of aliens including the implementation, maintenance, sup-port and further development of the BMS supplemented by additional systems, IT solutions and associated IT consultancy services related hereto.
Supplerende oplysninger Oprindelig reference til meddelelsen
Meddelelsesnummer i EUT S: 2020/S 203-493729
Ændringer 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: 2020-11-13 📅
Tid: 23:59
Ny værdi
Dato: 2020-11-16 📅
Tid: 23:59
Tekst, der skal berigtiges i den oprindelige meddelelse
Afsnittets nummer: VI.3)
Sted for den tekst, der skal ændres: Additional information:
Gammel værdi
Tekst:
“In this procedure, the candidate may rely on the financial capacity of other operators to fulfil requirements stated in section III.1.2) and section...”
Tekst
In this procedure, the candidate may rely on the financial capacity of other operators to fulfil requirements stated in section III.1.2) and section II.2.9). The operator(s) making its/their financial capacity available to the candidate must sign a letter of commitment. The form is enclosed as an attachment to the tender specifications.
Vis mere Ny værdi
Tekst:
“In this procedure, the candidate may rely on the technical and/or financial capacity of other operators to fulfil the suitability requirements stated in...”
Tekst
In this procedure, the candidate may rely on the technical and/or financial capacity of other operators to fulfil the suitability requirements stated in section III.1.2) and III.1.3), including for the purpose of selection, see section II.2.9). The operator(s) making its/their technical and/or financial capacity available to the candidate must sign a letter of commitment. The form is enclosed as an attachment to the tender specifications.
Vis mere
Kilde: OJS 2020/S 222-546235 (2020-11-09)
Bekendtgørelse om indgåede kontrakter (2021-09-10) Ordregivende myndighed Navn og adresser
Kontaktperson: Anni Buhr
Telefon: +45 61983565📞
E-mail: anbc@uim.dk📧
Objekt Omfanget af udbuddet
Titel: Contract relating to biometric matching of aliens
Kort beskrivelse:
“The scope of this tender is for the Contracting Authority (the Danish Ministry of Immigration and Integration – hereinafter referred to as “UIM”) to acquire...”
Kort beskrivelse
The scope of this tender is for the Contracting Authority (the Danish Ministry of Immigration and Integration – hereinafter referred to as “UIM”) to acquire a biometric matching system (hereinafter referred to as “BMS”) for matching of aliens, which shall be implemented into UIM’s IT portfolio. The contract shall cover IT support of biometric identification of aliens including the implementation, maintenance, sup-port and further development of the BMS supplemented by additional systems, IT solutions and associated IT consultancy services related hereto.
Vis mere
Samlet værdi af indkøbsaftalen (ekskl. moms): DKK 103371342.29 💰
Beskrivelse
Beskrivelse af udbuddet:
“The background of this tender is the Danish Parliament’s adoption of the Consolidation Act No. 1022 of 2 October 2019 (the Aliens Act), which aims to let...”
Beskrivelse af udbuddet
The background of this tender is the Danish Parliament’s adoption of the Consolidation Act No. 1022 of 2 October 2019 (the Aliens Act), which aims to let Danish authorities across the field of immigration establish and verify the identity of aliens in a quicker, suppler and more reliable way. The Danish authorities including UIM therefore now have legal capacity to record, store and process biometric data (finger-prints and facial photographs) on aliens to a greater extent than previously.
On this basis UIM wishes to acquire a BMS and to include such IT system in the current administrative procedures of UIM and UIM’s IT portfolio. The BMS shall be used for daily tasks in relation to identification of aliens and enable UIM to work with existing systems and registries of alien identities which form the basis for the case handling. Where appropriate, the BMS must additionally be able to support other authorities’ execution of tasks, including the Danish police, Danish Ministry of Foreign Affairs and the Danish regions and municipalities.
The contract will be covering the most significant technology areas for biometric matching and corresponding interfaces and integration points and among others contribute to ensure an effective and high quality IT solution for biometric matching of aliens provided to UIM to strengthen security and enhance identification usability in terms of response times and quality of data. Moreover, the contract shall provide the foundation for UIM to further expand and enhance the BMS in regard to new technology, including new development as well as any further additions, expansions and improvements to the existing solution.
The main services of the contract are the following:
a) delivery and implementation of an IT-solution regarding biometric identification of aliens,
b) maintenance and support of an IT-solution regarding biometric identification of aliens and
c) further development and associated consultancy services to an IT-solution regarding biometric identification of aliens
Vis mere Kriterier for tildeling
Kvalitetskriterium (navn): Quality
Kvalitetskriterium (vægtning): 70 %
Pris (justeringskoefficient): 30 %
Beskrivelse
Yderligere oplysninger:
“It is noted that the total value of the contract in section II.1.7) is an expression of the winning tenderer's total price for the evaluation scenario and...”
Yderligere oplysninger
It is noted that the total value of the contract in section II.1.7) is an expression of the winning tenderer's total price for the evaluation scenario and the customer's purchase costs from SIT based on the tenderer's capacity specifications.
Procedure Administrative oplysninger
Tidligere offentliggørelse vedrørende denne procedure: 2020/S 203-493729
Tildeling af kontrakt
1️⃣
Kontraktnummer: 1
Titel: Contract Relating to Biometric Matching of Aliens
Dato for indgåelse af kontrakten: 2021-08-25 📅
Oplysninger om udbud
Antal modtagne bud: 3
Antal modtagne bud fra SMV'er: 0
Antal modtagne bud fra tilbudsgivere fra andre EU-medlemsstater: 1
Antal modtagne bud fra bydende fra lande uden for EU: 0
Antal bud, der er modtaget ad elektronisk vej: 3
Navn og adresse på kontrahenten
Navn: Idemia Identity & Security France
Nationalt registreringsnummer: FR25 440 305 282
Postadresse: 2 Place Samuel de Champlain
Postby: Courbevoie
Postnummer: 92400
Land: Frankrig 🇫🇷
E-mail: tim.pidgeon@idemia.com📧
Region: France 🏙️
URL: www.idemia.com🌏
Entreprenøren er en SMV
Oplysninger om kontraktens/parcellens værdi (ekskl. moms)
Anslået samlet værdi af kontrakten/partiet: DKK 120 000 000 💰
Kontraktens/parcellens samlede værdi: DKK 103371342.29 💰
Supplerende oplysninger Gennemgangsprocedure
Præcise oplysninger om fristerne for gennemgangsprocedurer:
“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...”
Præcise oplysninger om fristerne for gennemgangsprocedurer
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 standstill period, see section 6(4) of the Act. In cases where the complaint was not lodged within the standstill period, the complainant must furthermore indicate whether a suspensory effect of the complaint has been requested, see section 12(1) of the Act.
The e-mail 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 https://naevneneshus.dk/start-din-klage/klagenaevnet-for-udbud/vejledning/
Vis mere
Kilde: OJS 2021/S 179-466741 (2021-09-10)