Yderligere oplysninger
The Contracting Authority has decided not to divide the task into lots. Based on the financial circumstances, the Contracting Authority has estimated that more favourable prices can be achieved with one overall Contract. Out of consideration for the quality and coherence of the collected assignment for which tenderers are invited, it is found expedient to have one (1) overall Contract, as a division into lots, based on market conditions, is not assessed to give additional enterprises – including SMEs – the opportunity to submit tenders.
The Tenderer is requested to seek to clarify any ambiguities and uncertainties by asking questions about the invitation to tender.
All questions shall be asked in ETHICS by clicking ‘Send Questions’ under the ‘Communication’ tab. The dialogue box is then filled in with reference and question. By clicking ‘Send’, the question is forwarded to the Contracting Authority.
The Contracting Authority answers questions by uploading an anonymized question/answer document, see Appendix 13 – Questions and answers.
According to the time schedule in the tender conditions, section 1.9, questions received before the deadline for submission of questions will be answered by the Contracting Authority, whereas questions received after the deadline will only be answered if the nature of the question does not make it disproportionately onerous for the Contracting Authority to answer the question within the response deadline.
Questions received later than six (6) whole days before the tender deadline, respectively, will generally not be answered.
Technical questions about the use of ETHICS shall be submitted to the support service: +45 70 22 70 07 or by clicking the ‘Customer Service’ icon in ETHICS.
Documentation for not being covered by grounds for exclusion
If the Tenderer, one or more of the participants in the association or other entities, is/are not from Denmark, the types of documentation stated in e-Certis must generally be produced. E-Certis is an online information system which is to be used to find the right documentation to be used by EU Member States in connection with invitations to tender and procurement procedures.
If these countries do not issue the relevant certificates or documents, or if the issued certificates or documents do not cover all the relevant cases, they can be replaced by a sworn declaration.
If such a sworn declaration is not used in the country in question, a solemn declaration may be used instead.
If the Tenderer, the association’s participants or other entities are from Denmark, the documentation is presented in the form of a service certificate from the Danish Business Authority. The service certificate must contain information from:
• The Enforcement Court vs The Danish Court Administration
• The Danish Customs and Tax Administration
• The Danish Labour Market Supplementary Pension Fund (ATP)
• The Police (the Danish Central Crime Register)
o Please note that a ‘declaration of consent’ must be filled in, signed and uploaded when ordering the service certificate.
The service certificate is ordered from Virk.dk.
The service certificate must be maximum 12 months old calculated from the date set by the Contracting Authority as the deadline for the submission of a request for documentation.
The processing time with the Danish Business Authority is approximately two (2) weeks from when the order has been received.
ESPD Part IV – Selection criteria, documentation of suitability
Information provided in the ESPD Part IV – Selection criteria are verified as follows:
• Information about key financial figures may be provided through financial statements or the presentation of a declaration about the Tenderer’s turnover, equity and current ratio unless the Contracting Authority can obtain the relevant information directly through access to a national database or the Contracting Authority already has the necessary documentation from previously implemented tendering procedures.
• Submission of further documentation is not required for references, but the Contracting Authority reserves the right to obtain confirmation of the correctness of the references from the customers stated in the references.
The Contracting Authority reserves the right to cancel the tendering process if funds are not made available to the project from Aarhus Letbanes owners.
Investment Screening
The Contracting Authority advised tenderers to clarify whether their conclusion of the contract is subject to the authorisation requirement under the Danish Investment Screening Act.
Further guidance on the Act and its application is available at: Introduction - Screening of investments in Danish companies | Business in Denmark
It is the responsibility of the tenderer to apply for and obtain authorisation to conclude the contract if the tenderer’s conclusion of the contract is subject to the Act.
The Contracting Authority reserves the right to request during the tender process that tenderers submit information as to whether their conclusion of the contract is subject to the Act.
If the Tenderer is not subject to the authorisation requirements the Tenderer shall no later than at the deadline specified by the Contracting Authority submit a written declaration that a permission is not required because the tenderer is neither domiciled outside the EU or EFTA nor controlled by or subject to significant influence as defined in the Danish Investment Screening Act from an entity domiciled in or a national of a country outside the EU or EFTA. The written declaration shall be forwarded as part of documentation cf. tender conditions, section 2.3
If the Tenderer is subject to the authorisation requirements the Contracting Authority’s decision to award will be made on the condition that the successful tenderer, not later than five months after the notification of the award decision, provides an authorisation from the Danish Business Authority to enter into the contract.
If authorisation is granted subject to terms, it is furthermore a condition that the terms are acceptable to the Contracting Authority. The Contracting Authority may, but is not obliged to, extend the above mentioned deadline. If the conditions are not fulfilled, the Contracting Authority’s award decision will lapse since the tenderer’s tender cannot be taken into account.
If an authorisation is necessary, the time schedule of the contract will be subject to postponement with the time frame corresponding to the time needed for authorisation.