Digital Spring ortho photo 2025-29 | Klimadatastyrelsen

Dato	Dokument
2025-03-28	Udbudsbekendtgørelse

During period from March 21st to May 5th (May 5th is expected to be last acquisition day) 4 channels digital spring imagery with GSD 15cm or optional 10cm are acquired over Denmark from five different aerial image suppliers – a total of 51436 km2. The images from these photo flights are basis for this tender – producing a seamless 4 channels ortho photo in GSD 12.5 cm or optional 10cm. For the production, KDS will deliver the imageries, orientation parameters, GCP’s, camera calibration and an elevation model for the area. The contract i s 2 years with possibility to prolong three times of one year.

Divide or explain The tendered contract has not been divided into lots, see section 49(2) of the Danish Public Procurement Act, due to the nature and amount of work will make the contracts to small for more than one company, and also to make sure a uniform product it is not possible to divide into lots. The Danish Public Procurement Act section § 134 a The contracting authority shall in accordance with section 134 a of the Danish Public Procurement Act exclude economic operators established in a country stated on the EU list of non-cooperative jurisdictions for tax purposes and which is not a party to the WTO Government Procurement Agreement or any other binding for Denmark free-trade agreement. Documentation for the grounds for exclusion 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 submitted, see sections 151 and 152 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. The contracting authority can however request 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. The tenderer shall not provide documentation for not being subject to the mandatory ground for exclusion set out in section 134 a. For other grounds for exclusion in the Danish Public Procurement Act than stated above, the contracting authority must demonstrate or have sufficiently plausible indications to conclude that one of the grounds for exclusion applies to the tenderer. A tenderer to whom a ground for exclusion applies is excluded from participating in the procurement process, unless the tenderer has provided sufficient documentation of its reliability in accordance with section 138 of the Danish Public Procurement Act, except for the ground for exclusion in section 134 a, where the tenderer does not have the possibility to document reliability. The contracting authority may only exclude a tenderer, if the contracting authority has informed the concerned tenderer that it is subject to a ground for exclusion and if the tenderer has not within an appropriate time limit provided sufficient documentation of its reliability (self-cleaning), or if the provided documentation is not considered sufficient to document reliability. For information on what constitutes sufficient documentation, see section 138(3) of the Danish Public Procurement Act. EU’s sanctions against Russia The contracting authority shall also exclude economic operators, which are subject to EU sanctions in accordance with EU regulation 833/2014 with later amendments, Article 5k.

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The Contract includes the following options: Option 1 – True Ortho Photo see Annex O.1 section 3.1 Option 2 - Block mosaics – see Annex O.1 section 3.2 Option 3 - Pixel size – see Annex O.1 Section 3,3

General yearly turnover: The tenderer indicates that the tenderer complies with all minimum requirements for suitability by answering “yes” in PART IV “Selection criteria” of the ESPD. Its general yearly turnover for the number of financial years required in the relevant notice, the procurement documents or the ESPD is as follows: Last three years

Specific yearly turnover: The tenderer indicates that the tenderer complies with all minimum requirements for suitability by answering “yes” in PART IV “Selection criteria” of the ESPD. Its specific yearly turnover in the business area covered by the contract for the number of financial years required in the relevant notice, the procurement documents or the ESPD is as follows: Last three years

Set up of economic operator: The tenderer indicates that the tenderer complies with all minimum requirements for suitability by answering “yes” in PART IV “Selection criteria” of the ESPD. In case the information concerning turnover (general or specific) is not available for the entire period required, please state the date on which the economic operator was set up or started trading: Where Tenderers have a valid reason, e.g. that the company is a new player in the field, as to why they cannot submit the required reference documentation, they shall have their technical capacity demonstrated in some other way, by submitting suitable documents. In this case, contractors must indicate the circumstances cited as valid grounds for not submitting the requested materials.

Professional risk indemnity insurance: The tenderer indicates that the tenderer complies with all minimum requirements for suitability by answering “yes” in PART IV “Selection criteria” of the ESPD. The insured amount in its professional risk indemnity insurance is the following: Indicate your professional risk indemnity insurance minimum 10 000 000 DKK

For service contracts: performance of services of the specified type: The tenderer indicates that the tenderer complies with all minimum requirements for suitability by answering “yes” in PART IV “Selection criteria” of the ESPD. For public service contracts only: During the reference period, the economic operator has provided the following main services of the type specified. Contracting authorities may require up to three years and allow experience dating from more than three years. The supplier must submit three and only three relevant references where ortho photo production is a major part of the job references for the last three years. If the tenderer delivers more than three references, only the first three will be evaluated. One of the references must be in similar geographically, landscape and climate to Denmark and must cover minimum 10.000km2 ortho photo and be issued by a governmental institution / federal level to insure national homogenously of the product. The Contracting Authority reserves the right to contact the specified referees to confirm the contents of the references given. Where Tenderers have a valid reason, e.g. that the company is a new player in the field, as to why they cannot submit the required reference documentation, they shall have their technical capacity demonstrated in some other way, by submitting suitable documents. In this case, contractors must indicate the circumstances cited as valid grounds for not submitting the requested materials.

Tools, plant or technical equipment: The tenderer indicates that the tenderer complies with all minimum requirements for suitability by answering “yes” in PART IV “Selection criteria” of the ESPD. The following tools, plant or technical equipment will be available to it for performing the contract: In relation to documentation of technical and professional ability the tenderer is required to provide description of the material and the technical equipment hardware and soft (e.g. a list) which can be used or have access to for carrying out the work, defined in the requirement specification (Annex O.1 to O.10.

Allowance of checks: The tenderer indicates that the tenderer complies with all minimum requirements for suitability by answering “yes” in PART IV “Selection criteria” of the ESPD. For complex products or services to be supplied or, exceptionally, for products or services which are required for a special purpose: The economic operator will allow checks to be conducted on the production capacities or the technical capacity of the economic operator and, where necessary, on the means of study and research which are available to it and on the quality control measures? The check is to be performed by the contracting authority or, in case the latter consents to this, on its behalf by a competent official body of the country in which the supplier or service provider is established.

Subcontracting proportion: The tenderer indicates that the tenderer complies with all minimum requirements for suitability by answering “yes” in PART IV “Selection criteria” of the ESPD. The economic operator intends possibly to subcontract the following proportion (i.e. percentage) of the contract. Please note that if the economic operator has decided to subcontract a part of the contract and relies on the subcontractor's capacities to perform that part, then please fill in a separate ESPD for such subcontractors, see Part II, Section C above.

The tenderer is obliged to comply with the contracting authority’s labour clause in connection with its performance of the contract. Essential parts of the work must be done by the Tenderer, or in case of consortium the company that signs the contract for the consortium with the contracting authority. Essential parts in this tender is ortho photo processing, colour balancing, project management and communication with the contracting authority.

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Tvangsakkord uden for konkurs

Is the economic operator in in any analogous situation like bankruptcy arising from a similar procedure under national laws and regulations? This information needs not be given if exclusion of economic operators in this case has been made mandatory under the applicable national law without any possibility of derogation where the economic operator is nevertheless able to perform the contract.

Is the economic operator bankrupt? This information needs not be given if exclusion of economic operators in this case has been made mandatory under the applicable national law without any possibility of derogation where the economic operator is nevertheless able to perform the contract.

Has the economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein been the subject of a conviction by final judgment for corruption, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable? As defined in Article 3 of the Convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union, OJ C 195, 25.6.1997, p. 1, and in Article 2(1) of Council Framework Decision 2003/568/JHA of 22 July 2003 on combating corruption in the private sector (OJ L 192, 31.7.2003, p. 54). This exclusion ground also includes corruption as defined in the national law of the contracting authority (contracting entity) or the economic operator

Is the economic operator in arrangement with creditors? This information needs not be given if exclusion of economic operators in this case has been made mandatory under the applicable national law without any possibility of derogation where the economic operator is nevertheless able to perform the contract.

Has the economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein been the subject of a conviction by final judgment for participation in a criminal organisation, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable? As defined in Article 2 of Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime (OJ L 300, 11.11.2008, p. 42).

Has the economic operator entered into agreements with other economic operators aimed at distorting competition?

Has the economic operator, to its knowledge, breached its obligations in the field of environmental law? As referred to for the purposes of this procurement in national law, in the relevant notice or the procurement documents or in Article 18(2) of Directive 2014/24/EU.

Has the economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein been the subject of a conviction by final judgment for…

… money laundering or terrorist financing, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable? As defined in Article 1 of Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (OJ L 309, 25.11.2005, p. 15).

… fraud, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable? Within the meaning of Article 1 of the Convention on the protection of the European Communities' financial interests (OJ C 316, 27.11.1995, p. 48).

… child labour and other forms of trafficking in human beings, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable? As defined in Article 2 of Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA (OJ L 101, 15.4.2011, p. 1).

Is the economic operator the subject of insolvency or winding-up? This information needs not be given if exclusion of economic operators in this case has been made mandatory under the applicable national law without any possibility of derogation where the economic operator is nevertheless able to perform the contract.

Has the economic operator, to its knowledge, breached its obligations in the field of labour law? As referred to for the purposes of this procurement in national law, in the relevant notice or the procurement documents or in Article 18(2) of Directive 2014/24/EU.

Are the assets of the economic operator being administered by a liquidator or by the court? This information needs not be given if exclusion of economic operators in this case has been made mandatory under the applicable national law without any possibility of derogation where the economic operator is nevertheless able to perform the contract.

Can the economic operator confirm that:a) It has been guilty of serious misrepresentation in supplying the information required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria,b) It has withheld such information,c) It has not been able, without delay, to submit the supporting documents required by a contracting authority or contracting entity, andd) It has undertaken to unduly influence the decision making process of the contracting authority or contracting entity, to obtain confidential information that may confer upon it undue advantages in the procurement procedure or to negligently provide misleading information that may have a material influence on decisions concerning exclusion, selection or award?

Is the economic operator aware of any conflict of interest, as indicated in national law, the relevant notice or the procurement documents due to its participation in the procurement procedure?

Has the economic operator or an undertaking related to it advised the contracting authority or contracting entity or otherwise been involved in the preparation of the procurement procedure?

Is the economic operator guilty of grave professional misconduct? Where applicable, see definitions in national law, the relevant notice or the procurement documents.

Has the economic operator experienced that a prior public contract, a prior contract with a contracting entity or a prior concession contract was terminated early, or that damages or other comparable sanctions were imposed in connection with that prior contract?

Has the economic operator, to its knowledge, breached its obligations in the field of social law? As referred to for the purposes of this procurement in national law, in the relevant notice or the procurement documents or in Article 18(2) of Directive 2014/24/EU.

Has the economic operator breached its obligations relating to the payment social security contributions, both in the country in which it is established and in Member State of the contracting authority or contracting entity if other than the country of establishment?

Are the business activities of the economic operator suspended? This information needs not be given if exclusion of economic operators in this case has been made mandatory under the applicable national law without any possibility of derogation where the economic operator is nevertheless able to perform the contract.

Has the economic operator breached its obligations relating to the payment of taxes, both in the country in which it is established and in Member State of the contracting authority or contracting entity if other than the country of establishment?

Has the economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein been the subject of a conviction by final judgment for terrorist offences or offences linked to terrorist activities, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable? As defined in Articles 1 and 3 of Council Framework Decision of 13 June 2002 on combating terrorism (OJ L 164, 22.6.2002, p. 3). This exclusion ground also includes inciting or aiding or abetting or attempting to commit an offence, as referred to in Article 4 of that Framework Decision.

Divide or explain The tendered contract has not been divided into lots, see section 49(2) of the Danish Public Procurement Act, due to the nature and amount of work will make the contracts to small for more than one company, and also to make sure a uniform product it is not possible to divide into lots. The Danish Public Procurement Act section § 134 a The contracting authority shall in accordance with section 134 a of the Danish Public Procurement Act exclude economic operators established in a country stated on the EU list of non-cooperative jurisdictions for tax purposes and which is not a party to the WTO Government Procurement Agreement or any other binding for Denmark free-trade agreement. Documentation for the grounds for exclusion 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 submitted, see sections 151 and 152 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. The contracting authority can however request 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. The tenderer shall not provide documentation for not being subject to the mandatory ground for exclusion set out in section 134 a. For other grounds for exclusion in the Danish Public Procurement Act than stated above, the contracting authority must demonstrate or have sufficiently plausible indications to conclude that one of the grounds for exclusion applies to the tenderer. A tenderer to whom a ground for exclusion applies is excluded from participating in the procurement process, unless the tenderer has provided sufficient documentation of its reliability in accordance with section 138 of the Danish Public Procurement Act, except for the ground for exclusion in section 134 a, where the tenderer does not have the possibility to document reliability. The contracting authority may only exclude a tenderer, if the contracting authority has informed the concerned tenderer that it is subject to a ground for exclusion and if the tenderer has not within an appropriate time limit provided sufficient documentation of its reliability (self-cleaning), or if the provided documentation is not considered sufficient to document reliability. For information on what constitutes sufficient documentation, see section 138(3) of the Danish Public Procurement Act. EU’s sanctions against Russia The contracting authority shall also exclude economic operators, which are subject to EU sanctions in accordance with EU regulation 833/2014 with later amendments, Article 5k.

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 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) six 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 ineffective, 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.