Tender for global outsourcing of receipt of applications for visa and residence/work permits (2)

Kort beskrivelse

The Danish Ministry of Foreign Affairs is inviting tenderers for the provision of services related to the receipt and completeness control of short-term visa and residence permit applications on behalf of Danish foreign missions. The estimated total number of applications is 150 000 per year.

The tender contains a list of mandatory locations and a list of optional locations, which the tenderer may accept to deliver services from.

Applicants applying for a visa to Denmark shall themselves fill in the visa application form online using ApplyVisa and pay the visa fee online. Applicants applying for a residence permit to Denmark shall themselves fill in the application form online or by paper and pay the residence permit fee online. In both cases, the applicants are informed that they should bring color photocopies of all documents (except the passport) in either A4 or legal paper size. The DM may ask the External Service Provider (ESP) to request that applicants provide additional supporting documents to aid the assessment of the application.
The contract includes the following services for each Visa Application Centre (VAC):
The receipt and completeness control of short-term visa applications, which shall be performed by the service provider, include:
— the capture of the applicants' biometric data,
— enabling applicants to fill in the visa applications online, to which effect the ESP must have a sufficient number of computers with Internet access available as part of the service fee at the VAC,
— scanning of visa application, passport and supplementary documentation,
— handling (receiving and transferring) of application fees (in fall-back situations),
— enabling applicants to pay fee online, to which effect the ESP must have a sufficient number of computers with Internet access available at the VAC,
— delivery of application documents, passports, biometric data files, scanned files, etc. to the local DM,
— return of passport, decision letter and supporting documents to applicant.
The receipt and completeness control of residence and work permit applications shall include:
— the capture of the applicants' biometric data,
— scanning of residence permit applications, passport and supplementary documentation,
— handling of fees (in fall-back situations),
— assisting with regards to accepting fees online via the MFA payment portal,
— delivery of application documents, passports, biometric data files, scanned files, etc. to the DM.

The provision of these services shall comply with physical security and data protection requirements as laid down in Regulation (EC) 810/2009 of the European Parliament and of the Council of 13.7.2009, establishing a community code on visas with amendments, article 43, article 44 and Annex X and EU and Danish data protection legislation and data protection legislation and other security requirements in the countries where the services are provided.

After the signature of the contract, the service provider shall set up the basis for the delivery of the contracted services by establishing facilities, including the necessary equipment, for the receipt of applications related to Denmark in existing VACs or by the establishment of new VACs at the locations specified in the contract for each region, implementing the required homepages, training staff to execute the contracted services, including biometric data capture and data entry and implementing biometric data capture equipment and suitable document scanners.

Before the individual VACs will be operational, the service provider must pass acceptance test for each location.

Yderligere oplysninger

Participation in the tendering procedure may only take place by electronic means via the electronic tendering system used by the contracting authority. For access to the tender documents, the tenderer must be registered or register as a user.

If the tender submitted by the tenderer 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 be through the electronic tendering system. Questions must be submitted not later than 25 June 2024.

Questions asked after this date will be answered if they are received in time for the contracting authority to provide the information required and communicate the answers not later than 6 days before expiry of the application deadline.

Questions received later than 6 days before expiry of the deadline cannot expect to be answered.

Interested operators are requested to keep updated via the electronic tendering system.

The tenderer must as part of the tender submit an ESPD as preliminary documentation of the circumstances set out in section 148(1)(i-iii) 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 tenderer relies on the capacity of other entities, an ESPD must be submitted for each of the entities on which the tenderer relies.

The tenderer will be excluded from participation in the tender procedure if the tenderer is subject to the compulsory grounds for exclusion set out in sections 135 and 136 of the Danish Public Procurement Act and the grounds for exclusion set out in section 137(1)(2) of the Danish Public Procurement Act, unless the tenderer has submitted sufficient documentation of its reliability, in accordance with section 138 of the Danish Public Procurement Act.

The voluntary grounds for exclusion are applied while complying with the principle of proportionality. Hence, no trivial matters may result in the exclusion of the tenderer. Several matters which, individually, are trivial in nature may, however, give rise to exclusion of the tenderer.

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 an alternative to the documentation mentioned in sections 153-155, 157 and 158 of the Danish Public Procurement Act, the applicant and tenderer may submit to the contracting entity a certificate of registration in an official list of approved economic operators, see section 156 of the Danish Public Procurement Act, issued by the competent authority. The contracting entity only accepts certificates of registration in an official list from applicants and tenderers established in the country holding the official list.

It is an experience that it may be a challenge for tenderer to provide the necessary documentation of the information stated in the ESPD. Hence, the Ministry of Foreign Affairs encourages the tenderer to obtain the documentation in a timely manner and thereby being able to provide the documentation to the contracting authority when asked for. With regards to the estimated value stated in this notice, it is noted that the estimated value is calculated based on an estimated number of cases (150 000 cases) multiplied with a estimated service fee of 30 EUR. It is an estimate, why the estimate may be waived. The actual value of the contract will depend on the amount of actually applications applied, as well as the provided service fee.

The services of the service provider shall be operational at all locations (mandatory and accepted optional locations) in accordance with the time schedule in appendix 3, however no later than 1 July 2025, including setting up secure premises, purchasing software and biometric equipment, purchasing and setting up hardware, setting up a homepage, training of staff, obtaining governmental approval if necessary and execution of the acceptance test, etc.

Regarding the contract duration stated in this notice, the ordinary contract period has a duration of 48 months, from the date where the last VAC is operational, however no later than 1 July 2025. The contract period may be prolonged with an extra duration period of further 12 months. If so, the total contract period will be 60 months.

It should be noted that each tenderer may only submit one tender.

The MFA may use a procedure similar to section 159(5) of the Danish Public Procurement Act in the event that applications or tenders do not comply.

If the tenderer encounters problems with the system, please contact support by e-mail, dksupport@eu-supply.com, or telephone (+45) 70 20 80 14.

It is not necessary for the tenderer 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 tenderer is a group of operators, the ESPD document of each participant in the group must be signed by the participant in question. The tenderer heading the group and submitting the application is not required to sign its ESPD document. If the tenderer relies on the capacities of other entities, an ESPD must be submitted for and signed by each of the entities on which it relies.

Attention is drawn to Article 5k in Regulation (EU) No 833/2014 as later amended which applies for the tender procedure. The provision contains a prohibition against award of concessions to Russian companies and Russian controlled companies etc. (reference is made to Article 5k, section 1, for the exact delimitation of the actors covered by the prohibition). The contracting entity may at any time during the tender process require that the economic operators prove that they are not covered by the prohibition, for example by requiring a declaration to this effect and/or documentation regarding the economic operators’ and any subcontractors’ place of establishment and ownership.

Hovedpunkterne i proceduren

The procurement is divided into (1) a tender stage where the tenderers draft their tender and (2) an award stage where the contracting entity evaluate the tenders received.

The contract will be awarded to the tenderer who submits the tender with the best price-quality ratio, see the tender specifications.

Liste og kortfattet beskrivelse af udvælgelseskriterier

For service contracts: performance of services of the specified type: The tenderer must submit the ESPD with the following information:

A list of 2 services that the tenderer has carried out in the last 3 years before the expiry of the tender deadline, depending on when the tenderer was set up or started trading. The references shall document that the tenderer has provided services related to the receipt and completeness control of short-term visa for 2 different Schengen countries in accordance with the Regulation (EC) 810/2009 of the European Parliament and of the Council of 13.7.2009 establishing a community code on visas.

Each reference is requested to include a brief description of the delivery performed. The delivery description should include a clear description of the service related to the receipt and completeness control of short-term visa for Schengen countries in accordance with the Regulation (EC) 810/2009 of the European Parliament and of the Council of 13.7.2009 establishing a community code on visas and the tenderer's role(s) in the performance of the delivery. The delivery description should moreover include the date of the delivery and the name of the customer (recipient).

No more than 2 references should be stated, irrespective of whether the tenderer is a single operator, whether the tenderer relies on the technical capacity of other entities, or is a group of operators (e.g. a consortium). Where more than 2 references are stated, only the most recent 2 references will be taken into account. Any additional references will be disregarded. If it is not possible to decide which references are the most recent 2 references, the references will be selected by drawing lots.

The ESPD serves as provisional documentation that the tenderer fulfils the minimum suitability requirements in respect of technical and professional capacity as stated in this notice.

Before the decision to award the contract is made, the tenderer to whom the contracting authority 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 tenderer. However, the contracting authority reserves the right to contact the tender or the customer indicated in the reference for confirmation of the information stated in the reference, including the dates of the reference indicated.

Minimum level(s) of standards possibly required:
The tenderer must demonstrate 2 references stating that the tenderer, in the last 3 years, has provided services regarding receipt and completeness control of short-term visa for 2 different Schengen countries in accordance with the Regulation (EC) 810/2009 of the European Parliament and of the Council of 13.7.2009 establishing a community code on visas.

Betingelser for opfyldelse af kontrakten

With regards to the terms of payment in the contract, it is noted that the service provider receives no payment from the Ministry of Foreign Affairs or any of its representations for the provision of the services. The service provider only receives a service fee from each applicant.

The contract has to the relevant extent incorporated the corporate social responsibility considerations 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 labor clauses in public contracts and Circular no. 9471 of 30 June 2014. The contract lays down requirements on compliance with the law on processing of personal data.

The contracting entity may demand that all personnel shall sign usual declarations of secrecy.

Yderligere oplysninger

Participation in the tendering procedure may only take place by electronic means via the electronic tendering system used by the contracting authority. For access to the tender documents, the tenderer must be registered or register as a user.

If the tender submitted by the tenderer 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 be through the electronic tendering system. Questions must be submitted not later than 25 June 2024.

Questions asked after this date will be answered if they are received in time for the contracting authority to provide the information required and communicate the answers not later than 6 days before expiry of the application deadline.

Questions received later than 6 days before expiry of the deadline cannot expect to be answered.

Interested operators are requested to keep updated via the electronic tendering system.

The tenderer must as part of the tender submit an ESPD as preliminary documentation of the circumstances set out in section 148(1)(i-iii) 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 tenderer relies on the capacity of other entities, an ESPD must be submitted for each of the entities on which the tenderer relies.

The tenderer will be excluded from participation in the tender procedure if the tenderer is subject to the compulsory grounds for exclusion set out in sections 135 and 136 of the Danish Public Procurement Act and the grounds for exclusion set out in section 137(1)(2) of the Danish Public Procurement Act, unless the tenderer has submitted sufficient documentation of its reliability, in accordance with section 138 of the Danish Public Procurement Act.

The voluntary grounds for exclusion are applied while complying with the principle of proportionality. Hence, no trivial matters may result in the exclusion of the tenderer. Several matters which, individually, are trivial in nature may, however, give rise to exclusion of the tenderer.

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 an alternative to the documentation mentioned in sections 153-155, 157 and 158 of the Danish Public Procurement Act, the applicant and tenderer may submit to the contracting entity a certificate of registration in an official list of approved economic operators, see section 156 of the Danish Public Procurement Act, issued by the competent authority. The contracting entity only accepts certificates of registration in an official list from applicants and tenderers established in the country holding the official list.

It is an experience that it may be a challenge for tenderer to provide the necessary documentation of the information stated in the ESPD. Hence, the Ministry of Foreign Affairs encourages the tenderer to obtain the documentation in a timely manner and thereby being able to provide the documentation to the contracting authority when asked for. With regards to the estimated value stated in this notice, it is noted that the estimated value is calculated based on an estimated number of cases (150 000 cases) multiplied with a estimated service fee of 30 EUR. It is an estimate, why the estimate may be waived. The actual value of the contract will depend on the amount of actually applications applied, as well as the provided service fee.

The services of the service provider shall be operational at all locations (mandatory and accepted optional locations) in accordance with the time schedule in appendix 3, however no later than 1 July 2025, including setting up secure premises, purchasing software and biometric equipment, purchasing and setting up hardware, setting up a homepage, training of staff, obtaining governmental approval if necessary and execution of the acceptance test, etc.

Regarding the contract duration stated in this notice, the ordinary contract period has a duration of 48 months, from the date where the last VAC is operational, however no later than 1 July 2025. The contract period may be prolonged with an extra duration period of further 12 months. If so, the total contract period will be 60 months.

It should be noted that each tenderer may only submit one tender.

The MFA may use a procedure similar to section 159(5) of the Danish Public Procurement Act in the event that applications or tenders do not comply.

If the tenderer encounters problems with the system, please contact support by e-mail, dksupport@eu-supply.com, or telephone (+45) 70 20 80 14.

It is not necessary for the tenderer 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 tenderer is a group of operators, the ESPD document of each participant in the group must be signed by the participant in question. The tenderer heading the group and submitting the application is not required to sign its ESPD document. If the tenderer relies on the capacities of other entities, an ESPD must be submitted for and signed by each of the entities on which it relies.

Attention is drawn to Article 5k in Regulation (EU) No 833/2014 as later amended which applies for the tender procedure. The provision contains a prohibition against award of concessions to Russian companies and Russian controlled companies etc. (reference is made to Article 5k, section 1, for the exact delimitation of the actors covered by the prohibition). The contracting entity may at any time during the tender process require that the economic operators prove that they are not covered by the prohibition, for example by requiring a declaration to this effect and/or documentation regarding the economic operators’ and any subcontractors’ place of establishment and ownership.

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:

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 if 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 complaint 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 klfu@naevneneshus.dk.

The Complaints Board’s own complaints procedure is available at https://naevneneshus.dk/start-din-klage/klagenaevnet-for-udbud/vejledning/