Directors and Officers Liability Insurance — Primary Layer

Directors and Officers liability insurance policy for the management of Finansiel Stabilitet and its subsidiaries. The insurance policy will have a limit of liability of minimum EUR 10,000,000 for each and every claim and in the annual aggregate. The policy period runs from 1 March 2025 to 28 February 2026, …

CPV: 66515410 Servicios de seguros contra pérdidas financieras
Plazo:
10 de octubre de 2024 a las 21:59
Tipo de plazo:
Presentación de una oferta
Lugar de ejecución:
Directors and Officers Liability Insurance — Primary Layer
Organismo adjudicador:
Finansiel Stabilitet
Número de premio:
374765

1. Buyer

1.1 Buyer

Official name : Finansiel Stabilitet
Legal type of the buyer : Body governed by public law
Activity of the contracting authority : Economic affairs

2. Procedure

2.1 Procedure

Title : Directors and Officers Liability Insurance — Primary Layer
Description : Directors and Officers liability insurance policy for the management of Finansiel Stabilitet and its subsidiaries. The insurance policy will have a limit of liability of minimum EUR 10,000,000 for each and every claim and in the annual aggregate. The policy period runs from 1 March 2025 to 28 February 2026, both days included.
Procedure identifier : 6082735c-b248-4a82-9458-2b8a97d2e5f7
Internal identifier : 374765
Type of procedure : Open
The procedure is accelerated : no
Justification for the accelerated procedure :
Main features of the procedure :

2.1.1 Purpose

Main nature of the contract : Services
Main classification ( cpv ): 66515410 Financial loss insurance services

2.1.2 Place of performance

Country subdivision (NUTS) : Byen København ( DK011 )
Country : Denmark

2.1.4 General information

Additional information : A. The tendered contract is the primary layer of a director and officers insurance programme. The contract subject to this tender procedure is for the primary layer only. The excess layer contracts are subject to a separate tender procedure. A tender is expected to be published in December 2024 B. As part of the offer, the tenderer must submit the ESPD as preliminary documentation that the tenderer has the required financial rating, cf. above, and is not covered by any of the mandatory exclusion grounds stated in Section 134a, 135 and 136 of the Danish Procurement Act. Note the tenderer must state in part III.D of the ESPD whether the tenderer observes the exclusion ground in Section 134a. C. Agents: if the tenderer acts as an agent for an insurance company implying that the insurance company will eventually be party to the contract with Finansiel Stabilitet and thus the final issuer of the insurance policy, the ESPD must be completed by the insurance company. The agent is not required to complete an ESPD. D. Joint applications/consortiums: if a group of insurance companies — either directly or through an agent acting on behalf of the insurance companies — submit an offer as a group, each of the insurance companies must complete an ESPD. If the group acts through an agent, the agent is not required to complete an ESPD. E. Only the company with whom Finansiel Stabilitet intends to enter into the contract shall provide Finansiel Stabilitet with documentation for the information in the ESPD. As documentation that the company has a financial rating of least A- (Standard and Poor's) or equivalent, the tenderer shall provide either an extract from the relevant register or a link to the website where information about the tenderer's financial rating may be found. As documentation that neither the company nor any member of the management is covered by any of the exclusion grounds stated in Section 135 and 136 of the Danish Procurement Act, the tenderer shall provide the following: — Danish tenderers: a ‘serviceattest’ issued by the Danish Business Authority, — Tenderers established in EU or EEA: relevant documentation as listed in e-Certis, — Tenderers from other countries: relevant certificates or documents issued by public authorities in the country in questions. Where the country does not issue such certificate or documents, they may be replaced by a declaration under oath or if a declaration under oath is not a possibility in the country in question, a solemn declaration. F. The tenderer to whom Finansiel Stabilitet intends to award the contract must also provide a filled-in and signed solemn declaration that it is not a Russian or Russian-controlled company, relies on Russian or Russian-controlled supporting entities or use Russian or Russian-controlled subcontractors.
Legal basis :
Directive 2014/24/EU

2.1.6 Grounds for exclusion

Corruption : It is a condition for participation in the tender that neither the tenderer nor any member of its management has been convicted or fined by final judgment for corruption as defined in Article 2 of the Convention on combatting of corruption involving officials of the European Union and of the EU Member states and Article 2(1) of Council Framework Decision 2003/568/JHA of 22 July 2003 on combating of corruption in the private sector and corruption as defined by national law in the member state or home country of the tenderer or in the country in which the tenderer is established, cf. Section 135(1), no. 2 of the Danish Public Procurement Act.
Participation in a criminal organisation : It is a condition for participation in the tender that neither the tenderer nor any member of its management has been convicted or fined by final judgment for actions committed as part of a criminal organisation as defined in Article 2 of Council Framework Decision 2008/841/JHA of 24 October 2008, cf. section 135(1), no. 1 of the Danish Public Procurement Act.
Money laundering or terrorist financing : It is a condition for participation in the tender that neither the tenderer nor any member of its management has been convicted or fined by final judgment for money laundering or financing of terrorism as defined in Article 1 of Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on prevention of the use of the financial system for the purpose of money laundering or financing of terrorism, cf. Section 135(1), no. 5 of the Danish Public Procurement Act.
Fraud : It is a condition for participation in the tender that neither the tenderer nor any member of its management has been convicted or fined by final judgment for fraud within the meaning of Article 1 of the Convention relating to the protection of the financial interest of the European Communities, cf. Section 135(1), no. 3 of the Danish Public Procurement Act.
Child labour and other forms of trafficking in human beings : It is a condition for participation in the tender that neither the tenderer nor any member of its management has been convicted or fined by final judgment for breach of section 262 a of the Danish Penal Code or as regards a judgement issued in another country concerning child labour or other types of human trafficking 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/HJA, cf. Section 135(1), no. 6 of the Danish Public Procurement Act.
Guilty of misrepresentation, withheld information, unable to provide required documents and obtained confidential information of this procedure : It is a condition for participation in the tender that the tenderer in relation to this procurement procedure has not provided incorrect information, retained information or is unable to submit additional documents, cf. Section 136, no. 3 of the Danish Public Procurement Act.
Purely national exclusion grounds : It is a condition for participation in the tender that the tenderer is not established in a country which is on the EU list of non-cooperating tax jurisdictions and which have not acceded to the WTO Government Procurement Agreement or other trade agreements that oblige Denmark to open up the public procurement market to tenderers established in that country cf. Section 134a of the Danish Public Procurement Act.
Conflict of interest due to its participation in the procurement procedure : It is a condition for participation in the tender that no conflict of interest in relation to this procurement procedure exists, which cannot be remedied by less intrusive measures, cf. Section 136, no. 1 of the Danish Public Procurement Act.
Direct or indirect involvement in the preparation of this procurement procedure : It is a condition for participation in the tender that no distortion of competition exists as a result of the prior involvement of the tenderer in the preparation of the procurement procedure, which cannot be removed by less intrusive means, cf. Section 136, no. 2 of the Danish Public Procurement Act.
Guilty of grave professional misconduct : It is a condition for participation in the tender that the tenderer has not committed serious neglect which gives rise to doubt as to the integrity of the tenderer, cf. Section 136, no. 4 of the Danish Public Procurement Act.
Payment of social security contributions : It is a condition for participation in the tender that the tenderer does not have unpaid overdue debt of DKK 100,000 or more to public authorities in relation to duties or social security contributions in Denmark or the country in which the tenderer is established, cf. Section 135(3) of the Danish Public Procurement Act.
Payment of taxes : It is a condition for participation in the tender that the tenderer does not have unpaid overdue debt of DKK 100,000 or more to public authorities in relation to tax under Danish law or under the law of the country in which the tenderer is established, cf. Section 135(3) of the Danish Public Procurement Act.
Terrorist offences or offences linked to terrorist activities : It is a condition for participation in the tender that neither the tenderer nor any member of its management has been convicted or fined by final judgment for acts of terror or criminal acts related to terrorist activities within the meaning of Article 1, 3 and 4, respectively, of Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism, cf. Section 135(1), no. 4 of the Danish Public Procurement Act.

5. Lot

5.1 Lot technical ID : LOT-0000

Title : Directors and Officers Liability Insurance — Primary Layer
Description : Directors and Officers liability insurance policy for the management of Finansiel Stabilitet and its subsidiaries. The insurance policy will have a limit of liability of minimum EUR 10,000,000 for each and every claim and in the annual aggregate. The policy period runs from 1 March 2025 to 28 February 2026, both days included.
Internal identifier : 1

5.1.1 Purpose

Main nature of the contract : Services
Main classification ( cpv ): 66515410 Financial loss insurance services
Options :
Description of the options : Option for renewal of the contract for additional two times 12 months after expiry of the initial 12 months contract period. Option to offer a worldwide coverage with a limit of liability of respectively EUR 15 000 000 and EUR 20 000 000.

5.1.2 Place of performance

Country subdivision (NUTS) : Byen København ( DK011 )
Country : Denmark
Additional information :

5.1.3 Estimated duration

Start date : 01/03/2025
Duration end date : 28/02/2026

5.1.4 Renewal

Maximum renewals : 2
The buyer reserves the right for additional purchases from the contractor, as described here : Option for renewal of the contract by two times 12 months after expiry of the initial contract period.

5.1.6 General information

Reserved participation : Participation is not reserved.
Procurement Project not financed with EU Funds.
The procurement is covered by the Government Procurement Agreement (GPA) : yes
Additional information : A. The tendered contract is the primary layer of a director and officers insurance programme. The contract subject to this tender procedure is for the primary layer only. The excess layer contracts are subject to a separate tender procedure. A tender is expected to be published in December 2024 B. As part of the offer, the tenderer must submit the ESPD as preliminary documentation that the tenderer has the required financial rating, cf. above, and is not covered by any of the mandatory exclusion grounds stated in Section 134a, 135 and 136 of the Danish Procurement Act. Note the tenderer must state in part III.D of the ESPD whether the tenderer observes the exclusion ground in Section 134a. C. Agents: if the tenderer acts as an agent for an insurance company implying that the insurance company will eventually be party to the contract with Finansiel Stabilitet and thus the final issuer of the insurance policy, the ESPD must be completed by the insurance company. The agent is not required to complete an ESPD. D. Joint applications/consortiums: if a group of insurance companies — either directly or through an agent acting on behalf of the insurance companies — submit an offer as a group, each of the insurance companies must complete an ESPD. If the group acts through an agent, the agent is not required to complete an ESPD. E. Only the company with whom Finansiel Stabilitet intends to enter into the contract shall provide Finansiel Stabilitet with documentation for the information in the ESPD. As documentation that the company has a financial rating of least A- (Standard and Poor's) or equivalent, the tenderer shall provide either an extract from the relevant register or a link to the website where information about the tenderer's financial rating may be found. As documentation that neither the company nor any member of the management is covered by any of the exclusion grounds stated in Section 135 and 136 of the Danish Procurement Act, the tenderer shall provide the following: — Danish tenderers: a ‘serviceattest’ issued by the Danish Business Authority, — Tenderers established in EU or EEA: relevant documentation as listed in e-Certis, — Tenderers from other countries: relevant certificates or documents issued by public authorities in the country in questions. Where the country does not issue such certificate or documents, they may be replaced by a declaration under oath or if a declaration under oath is not a possibility in the country in question, a solemn declaration. F. The tenderer to whom Finansiel Stabilitet intends to award the contract must also provide a filled-in and signed solemn declaration that it is not a Russian or Russian-controlled company, relies on Russian or Russian-controlled supporting entities or use Russian or Russian-controlled subcontractors.

5.1.9 Selection criteria

Criterion :
Type : Economic and financial standing
Name : Financial capacity
Description : It is a requirement that the tenderer's financial rating is at least A- (Standard and Poor's) or equivalent. The tenderer must state in part IV.a of the ESPD whether the tenderer meets this requirement.
Criterion :
Type : Suitability to pursue the professional activity
Criterion :
Type : Technical and professional ability

5.1.10 Award criteria

Criterion :
Type : Price
Name : Premium
Description : Please see the tender conditions.
Weight (percentage, exact) : 40
Criterion :
Type : Quality
Name : Coverage
Description : Please see the tender conditions.
Weight (percentage, exact) : 60
Description of the method to be used if weighting cannot be expressed by criteria :
Justification for not indicating the weighting of the award criteria :

5.1.11 Procurement documents

Languages in which the procurement documents are officially available : English

5.1.12 Terms of procurement

Terms of submission :
Electronic submission : Required
Languages in which tenders or requests to participate may be submitted : English
Electronic catalogue : Not allowed
Variants : Not allowed
Tenderers may submit more than one tender : Not allowed
Deadline for receipt of tenders : 10/10/2024 21:59 +00:00
Deadline until which the tender must remain valid : 3 Month
Information about public opening :
Opening date : 11/10/2024 06:00 +00:00
Terms of contract :
The execution of the contract must be performed within the framework of sheltered employment programmes : No
Electronic invoicing : Required
Electronic ordering will be used : no
Electronic payment will be used : yes
Information about review deadlines : Reference is made to the Act on the Complaints Board, Act No 593 of 2 June 2016. Pursuant to section 7, the deadline for submission of complaints is 45 days calculated from the day after the date on which the Contracting Authority has published the contract award decision in the Official Journal of the EU (TED). No later than at the same time as a complaint is lodged with Klagenævnet for Udbud, the complainant must notify the contracting authority in writing that a complaint has been lodged and whether it was submitted in the standstill-period, cf. section 6, paragraph 4 of the abovementioned act.

5.1.15 Techniques

Framework agreement :
No framework agreement
Information about the dynamic purchasing system :
No dynamic purchase system
Electronic auction : no

5.1.16 Further information, mediation and review

Review organisation : Klagenævnet for Udbud
Organisation providing additional information about the procurement procedure : Finansiel Stabilitet
Organisation providing offline access to the procurement documents : Finansiel Stabilitet
Organisation providing more information on the review procedures : Konkurrence- og Forbrugerstyrelsen
Organisation receiving requests to participate : Finansiel Stabilitet
Organisation processing tenders : Finansiel Stabilitet
TED eSender : Mercell Holding ASA

8. Organisations

8.1 ORG-0001

Official name : Finansiel Stabilitet
Registration number : 30515145
Postal address : Sankt Annæ Plads 13, 2. tv
Town : København K
Postcode : 1250
Country subdivision (NUTS) : Byen København ( DK011 )
Country : Denmark
Contact point : Laura Munk Petersen
Email : lmp@fs.dk
Telephone : +45 61300994
Internet address : https://fs.dk/
Roles of this organisation :
Buyer
Organisation providing additional information about the procurement procedure
Organisation providing offline access to the procurement documents
Organisation receiving requests to participate
Organisation processing tenders

8.1 ORG-0002

Official name : Klagenævnet for Udbud
Registration number : 37795526
Postal address : Nævnenes Hus, Toldboden 2
Town : Viborg
Postcode : 8800
Country subdivision (NUTS) : Østjylland ( DK042 )
Country : Denmark
Telephone : +45 72405708
Roles of this organisation :
Review organisation

8.1 ORG-0003

Official name : Konkurrence- og Forbrugerstyrelsen
Registration number : 10294819
Postal address : Carl Jacobsens Vej 35
Town : Valby
Postcode : 2500
Country subdivision (NUTS) : Københavns omegn ( DK012 )
Country : Denmark
Telephone : +45 41715000
Internet address : https://kfst.dk/
Roles of this organisation :
Organisation providing more information on the review procedures

8.1 ORG-0004

Official name : Mercell Holding ASA
Registration number : 980921565
Postal address : Askekroken 11
Town : Oslo
Postcode : 0277
Country subdivision (NUTS) : Oslo ( NO081 )
Country : Norway
Contact point : eSender
Telephone : +47 21018800
Fax : +47 21018801
Internet address : http://mercell.com/
Roles of this organisation :
TED eSender

11. Notice information

11.1 Notice information

Notice identifier/version : 12d2dc27-fbec-45d8-8708-61db5b58aaed - 01
Form type : Competition
Notice type : Contract or concession notice – standard regime
Notice dispatch date : 09/09/2024 06:00 +00:00
Notice dispatch date (eSender) : 09/09/2024 06:00 +00:00
Languages in which this notice is officially available : English

11.2 Publication information

Notice publication number : 00543237-2024
OJ S issue number : 176/2024
Publication date : 10/09/2024