Framework Agreement with a single operator for supply of Books and Journals published in Denmark and Internationally

Kort beskrivelse

The contracting authority for this procurement is Royal Danish Library. Royal Danish Library is the national library of Denmark. Royal Danish Library works for knowledge and cultural heritage, now and in the future. The procurement procedure will be conducted as an open procedure in accordance with Part II of the Danish Public Procurement Act1. The purpose of this tender is to award a framework agreement to one single operator for the supply of printed books and journals published in Denmark and Internationally. Acquisition processes for books and journals are located in both Aarhus and Copenhagen.

Yderligere oplysninger

Participation:
Participation in the tender procedure may only take place by electronic means via the electronic tendering system used by the contracting entity. For access to the tender documents, the tenderer must be registered or register as a user. If the tender 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. Reference is made to the tender specifications and appendix B for information concerning questions and answers.

Interested operators are requested to keep updated via the electronic tendering system. If the tenderer encounters problems with the system, please contact support by e-mail: dksupport@eu-supply.com; or by telephone: (+45) 70 20 80 14.

ESPD:
The tenderer must submit an ESPD with the tender 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 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 tender 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 the tenderer relies.

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 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 tenderers established in the country holding the official list.

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 framework agreement, 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.

Difference between estimated value and maximum value:
The difference between the estimated value [DKK 24,000,000] and the maximum value [DKK 28,000,000] is due to the uncertainty of the final value of the individual framework agreements (lots). The estimated value thus reflects the contracting entity’s estimate of the expected purchase under the framework agreement, whereas the maximum value reflects the highest estimated value of all contracts to be performed within the term of the framework agreement. This takes into account, partly, the contracting entity’s expectations based on the most likely purchase under the framework agreement, partly, the expected uncertainty of such estimate. In relation to the estimated value, particular attention is drawn to the fact that the tenderers are not guaranteed any minimum purchase under the framework agreement, and the estimate therefore implies no commitment on the part of the contracting entity to make a minimum purchase under the framework agreement.

Furthermore please be aware, due to the fact, that Royal Danish Library is Governmental Authority, this procurement is conducted subject to the achievement of the necessary funding basis.

Additional information:
The tendered framework agreement has not been divided into lots; see section 49(2) of the Danish Public Procurement Act, due to the fact, that the Royal Danish Library needs a supplier, which can ensure the supply of both books and journals for the next four years and make sure that all journals and books are consolidated to ease the administrative processes at the Royal Danish Library.

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.

Yderligere oplysninger

Participation:
Participation in the tender procedure may only take place by electronic means via the electronic tendering system used by the contracting entity. For access to the tender documents, the tenderer must be registered or register as a user. If the tender 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. Reference is made to the tender specifications and appendix B for information concerning questions and answers.

Interested operators are requested to keep updated via the electronic tendering system. If the tenderer encounters problems with the system, please contact support by e-mail: dksupport@eu-supply.com; or by telephone: (+45) 70 20 80 14.

ESPD:
The tenderer must submit an ESPD with the tender 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 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 tender 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 the tenderer relies.

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 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 tenderers established in the country holding the official list.

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 framework agreement, 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.

Difference between estimated value and maximum value:
The difference between the estimated value [DKK 24,000,000] and the maximum value [DKK 28,000,000] is due to the uncertainty of the final value of the individual framework agreements (lots). The estimated value thus reflects the contracting entity’s estimate of the expected purchase under the framework agreement, whereas the maximum value reflects the highest estimated value of all contracts to be performed within the term of the framework agreement. This takes into account, partly, the contracting entity’s expectations based on the most likely purchase under the framework agreement, partly, the expected uncertainty of such estimate. In relation to the estimated value, particular attention is drawn to the fact that the tenderers are not guaranteed any minimum purchase under the framework agreement, and the estimate therefore implies no commitment on the part of the contracting entity to make a minimum purchase under the framework agreement.

Furthermore please be aware, due to the fact, that Royal Danish Library is Governmental Authority, this procurement is conducted subject to the achievement of the necessary funding basis.

Additional information:
The tendered framework agreement has not been divided into lots; see section 49(2) of the Danish Public Procurement Act, due to the fact, that the Royal Danish Library needs a supplier, which can ensure the supply of both books and journals for the next four years and make sure that all journals and books are consolidated to ease the administrative processes at the Royal Danish Library.

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.

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 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.