Contract Regarding a Solution for Credit and Risk Assessments

Kort beskrivelse

EFK Danmarks Eksportkredit (hereinafter ‘EKF’) is the Danish export credit agency. EKF’s objective is to facilitate Danish companies’ internationalisation opportunities and to create growth and jobs in Denmark. In that connection EKF among other things provides export loans and guarantees for export loans. EKF is launching a call for tenders with the aim to establish contracts with suppliers of general data and financial information of corporates on a global scale. The purpose of this tender is to obtain a contract covering a data solution including a support function which can help EKF make credit decisions for new and existing transactions related to Danish export and financing.

Beskrivelse af udbuddet

EKF Danmarks Eksportkredit (‘the Customer’) is Denmark’s export credit agency. The Customer’s objective is to facilitate Danish companies’ internationalisation opportunities and to create growth and jobs in Denmark. The Customer helps Danish enterprises to realise their export dreams by providing export credits, working capital guarantees and export loans to enable them to finance their activities and cover commercial and political risks in their export markets.
The Customer is the only organisation in Denmark that provides cover for extraordinary export risks that the private market is unable or unwilling to guarantee or provide financing to. The Customer operates with a long-term perspective and the risk exposure necessary in countries and markets where the political and commercial situation may be uncertain.
The Customer is utilising various data and financial data in the credit risk assessment of corporate risk on a global scale. The data is used for credit evaluation of corporates which the Customer’s clients (i.e. Danish export companies) export to. The export contract is accompanied by financing or insurance and the Customer makes a credit evaluation of the foreign buyer in order for the Customer to issue a guarantee covering the foreign buyer’s repayment of the credit or export contract.
In this regard, the Customer requires access to a database with general and financial data of corporates and countries on a global scale.
EKF is looking for a data solution which covers the following main services, all described in Appendix 1 for the Contract:
A. Access to a database/solution regarding financial data of corporates on a global scale including credit and risk assessments (credit reports);
B. Access to a support function in relation to the database/solution covering technical problems, requests for existing or updated information of corporates and questions to the data and/or information delivered.

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.

Liste og kortfattet beskrivelse af udvælgelseskriterier

The candidate must submit the European Single Procurement Document (‘ESPD’) with the following information:
The candidate's equity in the most recent financial year 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:
The operator's balance sheets or extracts from balance sheets in the most recent annual report/financial statement available if publication of the balance sheets is required under law in the country in which the operator is established, or other documentation of the size of the equity. 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.

As a minimum requirement, a positive equity in the most recent annual report/financial statement available is required. If the candidate relies on the capacities of other entities, the equity is to be calculated as the total equity of the operator and such other entities in the most recent annual report/financial statement available. For groups of operators (e.g. a consortium), the equity is calculated as the total equity of the operators in the most recent annual report/financial statement available. The information is to be stated in section IV.B of the ESPD.

Liste og kortfattet beskrivelse af udvælgelseskriterier

The candidate must submit the ESPD with the following information:
A list of the 5 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 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 supplies 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 5 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.

Betingelser for opfyldelse af kontrakten

The contract has incorporated the corporate social responsibility considerations, as appropriate, as laid down in the conventions on the basis of which the principles of the UN Global Compact are worded and as laid down in the OECD Guidelines for Multinational Enterprises. The contract furthermore lays down requirements pursuant to ILO Convention No 94 on labour clauses in public contracts and Circular No 9471 of 30 June 2014.

Participation in the tendering procedure 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 to the procurement documents, the candidate must be registered or register as a user.
If the application contains several versions of the same document, the latest uploaded version will apply.
All communication in connection with the tender procedure, including questions and answers, must take place through the electronic tendering system. Questions must be submitted not later than 6 August 2021. 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 six days before expiry of the application deadline. Questions received later than 6 days before expiry of the deadline cannot expect to be answered unless the deadline is also postponed.
Interested operators are requested to keep updated via the electronic tendering system. If the candidate encounters problems with the system, please contact support by e-mail, dksupport@eu-supply.com, or telephone (+45) 70 20 80 14.
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). It is not necessary for the Candidate to sign the ESPD document. For groups of operators (e.g. a consortium), a separate ESPD must be submitted for each participating operator. Where the candidate is a group of operators, the ESPD document of each participant in the group must be signed by the participant in question. The Candidate heading the group and submitting the application is not required to sign its ESPD document. If the candidate relies on the capacities of other entities, an ESPD must be submitted for and signed by each of the entities on which it relies.
In this procedure, the candidate may rely on the financial capacity of other operators to fulfil the suitability requirements stated in section III.1.2), including for the purpose of selection, see 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 of its reliability in accordance with 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), it should be noted that the amount is an estimate of the expected contract price for the entire term of the contract, including the price of all options.
As regards section II.2.7), it is to be noted that the indicated term will commence on signature of the contract.
As regards section II.2.9) it should be noted that each candidate may only submit one application for pre-qualification.
The contracting entity may use the procedure of section 159(5) of the Danish Public Procurement Act in the event that applications or tenders do not comply with the formal requirements of the procurement documents.

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/