Open procedure for more Trains to Aarhus Letbane

Kort beskrivelse

The Customer is experiencing a huge passenger growth. Especially on the single-track line from Grenaa to Aarhus. As the frequency of the traffic cannot be increased due to the single-track infrastructure, the Customer wants to increase the capacity by purchasing longer Trains with the specific characteristics needed for the 100 km/h single track line. The Trains will increase the number of seats on the majority of departures of the Grenaa-line, and by transferring the existing vehicles to other services also support an increase in capacity and frequency in other parts of the Aarhus LRT, the new Trains are expected to have a lifespan corresponding to the maximum term of the Contract incl. extensions.

The Customer expects to purchase eight (8) Trains, possible up to 20 Trains (12 Trains as option)

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.

Yderligere oplysninger om fornyelser

The Contract shall without notice expire eight (8) years after the Milestone FHO.
The Customer may extend the Contract further by up to 264 months (additional 22 years) with up to 48 months (4 years) at a time. The extension primarily concerns, but is not limited to, the provision of technical hotline and the supply of spare parts.

Beskrivelse af mulighederne

The Tenderer shall cf. the Contract section 4.3, offer the following options:

- Possibility to place order for up to 12 additional trains before 31.03.2028
- Additional cost if additional trains are ordered in the time period between 31.03.2028 and until (5) years after signing of Contract.
- Battery solution for all Trains purchased under this contract.


The options are priced separately, cf. Appendix 8 – Remuneration, remuneration element C and D. Aarhus Letbane I/S can choose to activate the options. The activation will happen no later than the specified time in the contract section 4.3 for each of the options.

Liste og kortfattet beskrivelse af regler og kriterier

The Tenderer shall state ‘Total annual turnover’ for the financial statements for each of the last three (3) closed financial years at the time of the tender deadline.
a) The Tenderer shall click ‘+’ to fill in more turnover figures.
b) It is a minimum requirement that the annual turnover as an average for the latest three (3) closed financial years is minimum € 80.000.000.


Documentation of suitability:
• 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.

Liste og kortfattet beskrivelse af regler og kriterier

• The Tenderer lists the up to five (5) references which the Tenderer finds separately or jointly fulfil the minimum requirements cf. below.
a) If more references are provided, the Contracting Authority will only assess the five (5) latest references. Latest references mean unconcluded references or references with termination closest to the tender deadline. If more references are unconcluded, the Contracting Authority will assess the references with the latest commencement date.
b) The Tenderer shall click ‘+’ to fill in more references.
c) The references shall have been performed within the last eight (8) years calculated from the date of expiry of the tender deadline.
d) The Contracting Authority will disregard references concluded more than eight (8) years before the tender deadline.
e) For references with an older commencement date, but where service/assignment (part assignments) have been concluded within the past eight (8) years, the Contracting Authority will only assess the service/assignment (part assignments) which the Tenderer has performed within the last eight (8) years calculated from expiry of the tender deadline. The Tenderer is responsible for specifying the contents of the reference, so that the service/assignment (part assignments) in question are clearly stated.


• The references shall contain the following:
1. Description: Description of service(s)/assignment(s) with focus on the elements that make the reference comparable and compliant in relation to the minimum requirements below. The description may also contain information about the period(s) in which service/assignment has been performed (start and conclusion dates).
2. Environmental product declaration: Information regarding whether an environmental product declarations or equivalent has been prepared for the products under the reference.
3. Amount: The tendered service’s/ assignment’s value in EUR, i.e. the amount paid by the customer for the performance of services/assignments.
4. Date: Date for start-up (commencement date) and date for completion (conclusion date) of the most recent service/assignment listed under ‘Description’. For references which have not yet been concluded, the field ‘conclusion date’ is left blank/empty.
5. Recipients: Customer name incl. contact person and contact person’s telephone number.

• Minimum requirements:
a) It is a minimum requirement that the Tenderer has delivered at least one tram, or tram train, or metro train for a maximum speed of at least 90 km/h to a customer, who has placed it into operation within EEA within the last eight (8) years
b) It is a minimum requirement that the Tenderer has obtained approval of tram or tram trains in at least two (2) different EEA countries within the last eight (8) years.
c) It is a minimum requirement that the Tenderer has delivered at least one (1) tram, or tram train or metro train which comply with the scenarios for collision safety in the category C-III cf. EN 15227 or equivalent or alternatively trains which comply with at least two (2) different categories for collision safety cf. EN 15227 or equivalent.
d) It is a minimum requirement that the Tenderer has an ongoing agreement that has been active the last year from tender deadline with minimum one (1) contracting entity for spare parts and technical support for tram or tram train or metro train.
• The minimum requirement can be met by a reference containing all the above service/assignment or by a combination of references from several customers, as long as the references substantiate overall that each of these service/assignments has been performed in accordance with the minimum requirements.


Documentation for suitability:
• 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.

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.

Præcise oplysninger om fristerne for gennemgangsprocedurer

Complains must be filed with The Complaints Board for Public Procurement within:
1) Complaints regarding a candidate not being pre-qualified must be filed with The Complaints Board for Public Procurement within 20 calendar days starting the day after the contracting authority has sent notification to the candidates involved, provided that the notification includes a short account of the relevant reasons for the decision.
2) 45 calendar days after the contracting authority has published a contract award notice in the Official Journal of the European Union (with effect from the day following the publication date);
3) 30 calendar days starting the day after the contracting authority has informed the tenderers in question, that the contracting authority has entered into a contract based on a framework agreement through reopening of competition or a dynamic purchasing system, provided that the notification includes a short account of the relevant reasons for the decision;
4) 6 months starting the day after the contracting authority has sent notification to the candidates/tenderers involved that the contracting authority has entered into the framework agreement, provided that the notification included a short account of the relevant reasons for the decision .
5) 20 calendar days starting the day after the contracting authority has notified about its decision, cf. the Public Procurement Act, section 185, subsection 2, 2nd sentence.

The Complaints Board for Public Procurement's own complaints guide can be found at www.naevneneshus.dk.