Management of indexed global emerging markets equities in a UCITS Fund

Kort beskrivelse

The contracting authority’s procurement of management of indexed global emerging markets equities in a UCITS (Undertakings for the Collective Investment in Transferable Securities) Fund.
• The foundation expects to initially invest DKK 150-200 million in the UCITS fund
• The investment strategy of the UCITS fund shall be to effectively track the return and risk of a global emerging markets equity benchmark (passive strategy)
• The UCITS fund shall have implemented a responsible investment policy including a goal of living up to the Paris agreement

Beskrivelse af udbuddet

the contracting authority’s procurement of management of indexed global emerging markets equities in a UCITS (Undertakings for the Collective Investment in Transferable Securities) Fund.
• The foundation expects to initially invest DKK 150-200 million in the UCITS fund
• The investment strategy of the UCITS fund shall be to effectively track the return and risk of a global emerging markets equity benchmark (passive strategy)
• The UCITS fund shall have implemented a responsible investment policy including a goal of living up to the Paris agreement
The procurement procedure will be conducted as an open procedure (in Danish: “offentligt udbud”) pursuant to the European Procurement legal framework as implemented in national Danish legislation, see Title II of the Danish Public Procurement Act. The open procedure comprises one phase, i.e., no prequalification takes place.
The tender conditions describe the procedure for the procurement and set the guidelines and conditions for the submission of tenders, communication between the tenderer and the contracting authority as well as information about the procurement procedure in general.
All tenderers are urged to carefully examine not only the Tender Conditions, but all tender documents as they contain the information necessary, including mandatory conditions, for providing an acceptable tender.
All communication shall be carried out via the electronic procurement system.
Compensation will not be granted for the preparation or submission of tenders.
Procurement documents with appendices are the contracting authority’s property and will not be returned.

The tenderer must complete and submit the ESPD as preliminary proof of compliance with the requirements set out in section 148(1)(i)-(iii) of the Danish Public Procurement Act.
Prior to the decision on award of the contract, documentation of the information provided in the ESPD must be provided, see sections 151 and 152 of the Danish Public Procurement Act.
A tenderer to whom a ground for exclusion applies is excluded from participating in the tender, unless the tenderer has provided sufficient documentation of its reliability in accordance with section 138 of the Danish Public Procurement Act. The contracting authority may only exclude a tenderer if the contracting authority has informed the concerned that a ground for exclusion applies to it and if it has not within an appropriate time limit provided sufficient documentation of its reliability (self-cleaning). For information on what constitutes sufficient documentation, see section 138(3) of the Danish Public Procurement Act.
By way of documentation that a tenderer does not fall within the scope of one of the grounds for exclusion set out in section 135(1) and (3) and section 137(1)(ii) and (vi), the following must be provided in accordance with section 153 of the Danish Public Procurement Act:
- an extract from a relevant register or an equivalent document showing that the tenderer is not encompassed by section 135(1) and a certificate proving that the tenderer does not fall within section 135(3) and section 137(1)(ii) and (vi);
- where the country in question does not issue such documentation, or where these do not cover all the cases specified in section 135(1) or (3) and section 137(1) (ii) and (vi), they may be replaced by a declaration on oath or, in countries where there is no provision for declarations on oath, by a solemn declaration made before a competent judicial authority etc.
For Danish tenderers, documentation may be provided in the form of a service certificate. Where a tenderer, one or more members of a group or other entities are from another EU/EEA country, such entity must generally provide the types of documentation specified in e-Certis.
For other grounds for exclusion, the tenderers’ self-declaration in ESPD constitutes the required documentation. The contracting authority can however request a candidate or a tenderer for further documentation and examine such obtained documentation, if the contracting authority considers this being necessary for the correct conduction of the procurement procedure.

Præcise oplysninger om fristerne for gennemgangsprocedurer

Pursuant to Consolidated Act No 593 of 2 June 2016 on the Complaints Board for Public Procurement as amended, the following time limits apply to the filing of requests for a review procedure:
Complaints about not having been selected must be filed with the Danish Complaints Board for Public Procurement within 20 calendar days, see section 7(1) of the Act, counted from the date when a notification was sent to the affected candidates with information about who had been selected, where such notification states the reasons for the decision in accordance with section 2(1)(i) of the Act and section 171(2) of the Danish Public Procurement Act.
Complaints about procurement procedures or decisions falling within Part II of the Danish Public Procurement Act which are not covered by subsection 1 of the Act, must, according to section 7(2) of the Act, be filed with the Danish Complaints Board for Public Procurement within:
1) 45 calendar days of the contracting authority having published a notice in the Official Journal of the European Union to the effect that the contracting authority has entered into a contract. The time limit is calculated from the date after the date when the notice was published;
2) 30 calendar days, calculated from the date after the date when the contracting authority notified the affected tenderers that a contract based on a framework agreement with reopening of competition or a Dynamic Purchasing System has been entered into, if the notification contained a statement of the reasons for the decision;
3) 6 months of the contracting authority having entered into a framework agreement, counted from the date after the date when the contracting authority notified the affected candidates and tenderers, see section 2(2) of the Act, or section 171(4) of the Danish Public Procurement Act;
4) 20 calendar days calculated from the date after the contracting authority has announced its decision, see section 185(2), second sentence, of the Danish Public Procurement Act.
If a contracting authority has complied with the procedure outlined in section 4 of the Act to ensure that a contract is not declared void, see section 7(3) of the Act, an application for a review of whether the contracting authority has entered into a contract in contravention of the Public Procurement Directive without prior publication of a contract notice in the Official Journal of the European Union must be filed with the Danish Complaints Board for Public Procurement within 30 calendar days calculated from the date after the date when the contracting authority has published a notice in the Official Journal of the European Union stating that the contracting authority has entered into a contract, provided that the notice contains the reasons for the contracting authority’s decision to award the contract without prior publication of a contract notice in the Official Journal of the European Union.
Not later than on the date of the filing of an application for a review procedure with the Danish Complaints Board for Public Procurement, the applicant must notify the contracting authority in writing that an application for a review procedure has been filed with the Danish Complaints Board for Public Procurement, see section 6(4) of the Act. Furthermore, the contracting authority must be informed of whether the application for a review procedure has been filed in the stand-still period, see section 3(1) or (2) of the Act, or during the period of 10 calendar days laid down in section 4(1)(ii). In cases where the application for a review procedure has not been filed in the above-mentioned periods, the applicant must also state whether the applicant has applied for a stay pending the outcome of the review procedure, see section 12(1) of the Act.
The Danish Complaints Board for Public Procurement’s own review procedure guidelines are available on www.klfu.dk