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
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
Previous notice : 12d2dc27-fbec-45d8-8708-61db5b58aaed-01
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. G. No offers were received on the tender for a Directors and Officers Liability Insurance — Primary Layer. Therefore, following the tender deadline, a negotiated procedure without prior call for competition was initiated pursuant to section 80, sub-section 1, no. 1 of the Danish Public Procurement Act, which resulted in the award of contract to Markel Insurance SE.
Legal basis :
Directive 2014/24/EU

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 : 374765

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

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. G. No offers were received on the tender for a Directors and Officers Liability Insurance — Primary Layer. Therefore, following the tender deadline, a negotiated procedure without prior call for competition was initiated pursuant to section 80, sub-section 1, no. 1 of the Danish Public Procurement Act, which resulted in the award of contract to Markel Insurance SE.

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 :

5.1.12 Terms of procurement

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

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
TED eSender : Mercell Holding ASA

6. Results

6.1 Result lot ldentifier : LOT-0000

No winner was chosen and the competition is closed.
The reason why a winner was not chosen : No tenders, requests to participate or projects were received

6.1.4 Statistical information

Received tenders or requests to participate :
Type of received submissions : Tenders
Number of tenders or requests to participate received : 0

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

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 : d89957a0-3160-402e-abca-1557f9322346 - 01
Form type : Result
Notice type : Contract or concession award notice – standard regime
Notice dispatch date : 23/12/2024 07:00 +00:00
Notice dispatch date (eSender) : 23/12/2024 07:00 +00:00
Languages in which this notice is officially available : English

11.2 Publication information

Notice publication number : 00792677-2024
OJ S issue number : 250/2024
Publication date : 24/12/2024