Negotiated procedure for more Trains to Aarhus Letbane

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 …

CPV: 34600000 Locomotoras de ferrocarril y de tranvía, material móvil y sus partes, 34620000 Material móvil, 34622000 Coches de pasajeros de tren y tranvía, y trolebuses, 50221000 Servicios de reparación y mantenimiento de locomotoras, 63711000 Servicios complementarios para el transporte ferroviario
Lugar de ejecución:
Negotiated procedure for more Trains to Aarhus Letbane
Organismo adjudicador:
Aarhus Letbane I/S
Número de premio:
More Trains for Aarhus Letbane

1. Buyer

1.1 Buyer

Official name : Aarhus Letbane I/S
Activity of the contracting entity : Urban railway, tramway, trolleybus or bus services

2. Procedure

2.1 Procedure

Title : Negotiated procedure for more Trains to Aarhus Letbane
Description : 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)
Procedure identifier : 27b699ff-5801-400c-965c-993d6685173f
Internal identifier : More Trains for Aarhus Letbane
Type of procedure : Negotiated with prior publication of a call for competition / competitive with negotiation
The procedure is accelerated : no
Justification for the accelerated procedure :
Main features of the procedure :

2.1.1 Purpose

Main nature of the contract : Supplies
Additional nature of the contract : Services
Main classification ( cpv ): 34622000 Railway and tramway passenger coaches, and trolleybuses
Additional classification ( cpv ): 34600000 Railway and tramway locomotives and rolling stock and associated parts
Additional classification ( cpv ): 34620000 Rolling stock
Additional classification ( cpv ): 50221000 Repair and maintenance services of locomotives
Additional classification ( cpv ): 63711000 Support services for railway transport

2.1.2 Place of performance

Town : Aarhus C
Postcode : 8000
Country subdivision (NUTS) : Østjylland ( DK042 )
Country : Denmark
Additional information : The Trains shall be delivered in Aarhus.

2.1.4 General information

Additional information : 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. Question and answers The Applicant/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 12 – Questions and answers. According to the time schedule in Tender conditions, section 1.8, 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 application deadline and 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. Verification of information in ESPD In continuation of the notification of prequalification, the Tenderer, other entities and associations shall, at the Contracting Authority’s request, submit documentation for the information provided in ESPD in connection with the prequalification in accordance with the utility directive art. 80 para (3). How this documentation shall be submitted is described in Tender conditions, sections 3.1.1 and 3.1.2. The Tenderer, other entities and associations shall also, at the Contracting Authority’s request, submit documentation for the application of the Investment Screening Act, cf. Section 1.9.6 if the Tenderer is not subject to the authorisation requirements. The Contracting Authority is entitled, but not obliged, to request the Tenderer, the association’s participants or other entities to supplement or specify the received documentation, see clause 76 (4) of the Utility directive. 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) 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. Documentation for selection criteria, documentation of ability: 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 prequalified 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 accept the preliminary tender, in which case the Contracting Authority will perform a tender evaluation in accordance with Tender conditions, section 5. The Contracting Authority reserves the right to extend the negotiations so that the procedure comprises more than one (1) round of negotiations. The Contracting Authority will notify the tenderers about any such further procedure(s). The Contracting Authority reserves the right to cancel the tendering process if funds are not made available to the project from Aarhus Letbanes owners.
Legal basis :
Directive 2014/25/EU

2.1.6 Grounds for exclusion

Analogous situation like bankruptcy under national law : Is the economic operator in in any analogous situation like bankruptcy arising from a similar procedure under national laws and regulations? This information needs not be given if exclusion of economic operators in this case has been made mandatory under the applicable national law without any possibility of derogation where the economic operator is nevertheless able to perform the contract.
Bankruptcy : Is the economic operator bankrupt? This information needs not be given if exclusion of economic operators in this case has been made mandatory under the applicable national law without any possibility of derogation where the economic operator is nevertheless able to perform the contract.
Corruption : Has the economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein been the subject of a conviction by final judgment for corruption, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable? As defined in Article 3 of the Convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union, OJ C 195, 25.6.1997, p. 1, and in Article 2(1) of Council Framework Decision 2003/568/JHA of 22 July 2003 on combating corruption in the private sector (OJ L 192, 31.7.2003, p. 54). This exclusion ground also includes corruption as defined in the national law of the contracting authority (contracting entity) or the economic operator.
Arrangement with creditors : Is the economic operator in arrangement with creditors? This information needs not be given if exclusion of economic operators in this case has been made mandatory under the applicable national law without any possibility of derogation where the economic operator is nevertheless able to perform the contract.
Participation in a criminal organisation : Has the economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein been the subject of a conviction by final judgment for participation in a criminal organisation, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable? As defined in Article 2 of Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime (OJ L 300, 11.11.2008, p. 42).
Agreements with other economic operators aimed at distorting competition : Has the economic operator entered into agreements with other economic operators aimed at distorting competition?
Money laundering or terrorist financing : Has the economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein been the subject of a conviction by final judgment for money laundering or terrorist financing, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable? As defined in Article 1 of Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (OJ L 309, 25.11.2005, p. 15).
Fraud : Has the economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein been the subject of a conviction by final judgment for fraud, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable? Within the meaning of Article 1 of the Convention on the protection of the European Communities' financial interests (OJ C 316, 27.11.1995, p. 48).
Child labour and other forms of trafficking in human beings : Has the economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein been the subject of a conviction by final judgment for child labour and other forms of trafficking in human beings, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable? 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/JHA (OJ L 101, 15.4.2011, p. 1).
Insolvency : Is the economic operator the subject of insolvency or winding-up? This information needs not be given if exclusion of economic operators in this case has been made mandatory under the applicable national law without any possibility of derogation where the economic operator is nevertheless able to perform the contract.
Assets being administered by liquidator : Are the assets of the economic operator being administered by a liquidator or by the court? This information needs not be given if exclusion of economic operators in this case has been made mandatory under the applicable national law without any possibility of derogation where the economic operator is nevertheless able to perform the contract.
Guilty of misrepresentation, withheld information, unable to provide required documents and obtained confidential information of this procedure : Can the economic operator confirm that: a) It has been guilty of serious misrepresentation in supplying the information required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria, b) It has withheld such information, c) It has not been able, without delay, to submit the supporting documents required by a contracting authority or contracting entity, and d) It has undertaken to unduly influence the decision making process of the contracting authority or contracting entity, to obtain confidential information that may confer upon it undue advantages in the procurement procedure or to negligently provide misleading information that may have a material influence on decisions concerning exclusion, selection or award?
Purely national exclusion grounds : Other exclusion grounds that may be foreseen in the national legislation of the contracting authority's or contracting entity's Member State. Has the economic operator breached its obligations relating to the purely national grounds of exclusion, which are specified in the relevant notice or in the procurement documents? Clause 134a of the Danish Public Procurement Act: A contracting authority shall exclude an applicant or tenderer from participation in a procurement procedure if the applicant or tenderer is established in a country that is listed on the EU's list of non-cooperative tax jurisdictions and has not acceded to the WTO's Government Procurement Agreement or other trade agreements obligating Denmark to open the public procurement market to tenderers established in the relevant country. The contracting authority shall furthermore exclude economic operators subject to EU sanctions under Regulation (EU) No 833/2014, with later amendments, Article 5k on restrictive measures in response to Russia's actions destabilizing the situation in Ukraine.
Conflict of interest due to its participation in the procurement procedure : Is the economic operator aware of any conflict of interest, as indicated in national law, the relevant notice or the procurement documents due to its participation in the procurement procedure?
Direct or indirect involvement in the preparation of this procurement procedure : Has the economic operator or an undertaking related to it advised the contracting authority or contracting entity or otherwise been involved in the preparation of the procurement procedure?
Payment of social security contributions : Has the economic operator breached its obligations relating to the payment social security contributions, both in the country in which it is established and in Member State of the contracting authority or contracting entity if other than the country of establishment?
Business activities are suspended : Are the business activities of the economic operator suspended? This information needs not be given if exclusion of economic operators in this case has been made mandatory under the applicable national law without any possibility of derogation where the economic operator is nevertheless able to perform the contract.
Payment of taxes : Has the economic operator breached its obligations relating to the payment of taxes, both in the country in which it is established and in Member State of the contracting authority or contracting entity if other than the country of establishment?
Terrorist offences or offences linked to terrorist activities : Has the economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein been the subject of a conviction by final judgment for terrorist offences or offences linked to terrorist activities, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable? As defined in Articles 1 and 3 of Council Framework Decision of 13 June 2002 on combating terrorism (OJ L 164, 22.6.2002, p. 3). This exclusion ground also includes inciting or aiding or abetting or attempting to commit an offence, as referred to in Article 4 of that Framework Decision.

5. Lot

5.1 Lot technical ID : LOT-0000

Title : Negotiated procedure for more Trains to Aarhus Letbane
Description : 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)
Internal identifier : More Trains for Aarhus Letbane

5.1.1 Purpose

Main nature of the contract : Supplies
Additional nature of the contract : Services
Main classification ( cpv ): 34622000 Railway and tramway passenger coaches, and trolleybuses
Additional classification ( cpv ): 34600000 Railway and tramway locomotives and rolling stock and associated parts
Additional classification ( cpv ): 34620000 Rolling stock
Additional classification ( cpv ): 50221000 Repair and maintenance services of locomotives
Additional classification ( cpv ): 63711000 Support services for railway transport
Options :
Description of the options : The Tenderer shall cf. the Contract section 4.3, offer the following options: - Possibility to purchase up to 12 additional trains within 24 months after signing the contract - Additional cost if additional trains are ordered in the time period between 24 months from signing the contract and until no later than 36 months after Final handover. - 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.

5.1.2 Place of performance

Town : Aarhus C
Postcode : 8000
Country subdivision (NUTS) : Østjylland ( DK042 )
Country : Denmark
Additional information : The Trains shall be delivered in Aarhus.

5.1.3 Estimated duration

Duration : 8 Year

5.1.4 Renewal

Maximum renewals : 264
The buyer reserves the right for additional purchases from the contractor, as described here : 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.

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 : 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. Question and answers The Applicant/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 12 – Questions and answers. According to the time schedule in Tender conditions, section 1.8, 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 application deadline and 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. Verification of information in ESPD In continuation of the notification of prequalification, the Tenderer, other entities and associations shall, at the Contracting Authority’s request, submit documentation for the information provided in ESPD in connection with the prequalification in accordance with the utility directive art. 80 para (3). How this documentation shall be submitted is described in Tender conditions, sections 3.1.1 and 3.1.2. The Tenderer, other entities and associations shall also, at the Contracting Authority’s request, submit documentation for the application of the Investment Screening Act, cf. Section 1.9.6 if the Tenderer is not subject to the authorisation requirements. The Contracting Authority is entitled, but not obliged, to request the Tenderer, the association’s participants or other entities to supplement or specify the received documentation, see clause 76 (4) of the Utility directive. 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) 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. Documentation for selection criteria, documentation of ability: 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 prequalified 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 accept the preliminary tender, in which case the Contracting Authority will perform a tender evaluation in accordance with Tender conditions, section 5. The Contracting Authority reserves the right to extend the negotiations so that the procedure comprises more than one (1) round of negotiations. The Contracting Authority will notify the tenderers about any such further procedure(s). The Contracting Authority reserves the right to cancel the tendering process if funds are not made available to the project from Aarhus Letbanes owners.

5.1.9 Selection criteria

Criterion :
Type : Economic and financial standing
Name : Average yearly turnover
Description : Its average yearly turnover for the number of years required in the relevant notice, the procurement documents or the ESPD is as follows: The Applicant shall state ‘Total annual revenue’ for the financial statements for each of the last three (3) closed financial years at the time of the application deadline. The Applicant shall click ‘+’ to fill in more revenue figures. It is a minimum requirement that the annual revenue as an average for the latest three (3) closed financial years is minimum € 80.000.000.
Criterion :
Type : Economic and financial standing
Name : Financial ratio
Description : Concerning the financial ratios specified in the relevant notice, the procurement documents or the ESPD, the economic operator declares that the actual values for the required ratios are as follows: The Applicant will state the equity as ‘Financial ratio’ for each of the three (3) latest closed financial years, which is reported under ‘Description’. The equity shall be stated and reported in accordance with the method stipulated in Section 252 of the Danish Financial Statements Act (Årsregnskabsloven). The Applicant must click ‘+’ to fill in more financial ratios. It is a minimum requirement, that equity as an average for the three (3) latest closed financial years is positive. The Applicant will state the Current ratio as ‘Financial ratio’ for the last closed financial year, which is reported under ‘Description’. The Current Ratio shall be stated and reported (current assets x 100) / current liabilities = current ratio (%) The Applicant shall click ‘+’ to fill in more financial ratios. It is a minimum requirement, that Current ratio is minimum 80% for the last closed financial year.
Criterion :
Type : Suitability to pursue the professional activity
Criterion :
Type : Technical and professional ability
Name : For supply contracts: performance of deliveries of the specified type
Description : The applicant lists the up to five (5) references which the Applicant finds separately or jointly make the references comparable cf. Tender condition, section 1.6 and 2.4 and fulfil the minimum requirements cf. below. 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 application deadline. If more references are unconcluded, the Contracting Authority will assess the references with the latest commencement date. The Applicant shall click ‘+’ to fill in more references. The references shall have been performed within the last eight (8) years calculated from the date of expiry of the application deadline. The Contracting Authority will disregard references concluded more than eight (8) years before the application deadline. 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 Applicant has performed within the last eight (8) years calculated from expiry of the application deadline. The Applicant 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: 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). Environmental product declaration: Information regarding whether an environmental product declarations or equivalent has been prepared for the products under the reference. Amount: The tendered service’s/ assignment’s value in EUR, i.e. the amount paid by the customer for the performance of services/assignments. 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. Recipients: Customer name incl. contact person and contact person’s telephone number. Minimum requirements: - It is a minimum requirement that the Applicant 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 - It is a minimum requirement that the Applicant has obtained approval of tram or tram trains in at least two (2) different EEA countries within the last eight (8) years. - It is a minimum requirement that the Applicant 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. - It is a minimum requirement that the Applicant has an ongoing agreement that has been active the last year from Application 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. The Applicant may submit appendices with descriptions cf. Above. The appendices must not exceed two (2) A4 pages per reference. Among the compliant applicants which meet the above suitability and documentation requirements, cf. Tender condition, section 2.1, up to three (3) applicants are selected on an objective, impartial and factual basis which are requested to submit tenders if three (3) compliant and suitable applications are received. If the above number of compliant and suitable applications are not received, the Contracting Authority will select the applicants which are compliant and suitable as long as the Contracting Authority finds that the number of selected applicants can ensure adequate competition on service/assignment. The selection is made based on the most relevant and comparable references evaluated on the grounds of the requested information on the basis of the chosen technical and professional ability cf. Tender condition, section 2.1.1 The Contracting Authority will regard the following as positive: Regarding minimum requirement a) -The more tram, or tram trains, or metro trains the Applicant has delivered as well as the higher approved maximum speed. Regarding minimum requirement b) - If the Applicant is able to deliver environmental product declarations or equivalent for tram, or tram trains, or metro trains mentioned in a) - The more countries above the minimum requirement within EEA the Applicant have obtained approval within for references mentioned in a). Regarding minimum requirement c) -If the tenderer fulfils the minimum requirement with references where category C-III, cf. EN 15227 or equivalent is obtained instead of references where at least two (2) different categories for collision safety cf. EN 15227 or equivalent is obtained. Hereafter it will be regarded as positive the more different categories from category CI-CIV or equivalent is obtained. Regarding minimum requirement d) -The more references supplied to comparable customers cf. Tender condition, section 1.6, the better.
The criteria will be used to select the candidates to be invited for the second stage of the procedure
Information about the second stage of a two-stage procedure :
Minimum number of candidates to be invited for the second stage of the procedure : 3
Maximum number of candidates to be invited for the second stage of the procedure : 3
The procedure will take place in successive stages. At each stage, some participants may be eliminated

5.1.10 Award criteria

Criterion :
Type : Price
Name : Price
Description : Price consist of: - Initial purchase - Operational cost - Options for purchase of additional 12 trains - Option for Battery solution - Cost for battery solution for additional Trains The sub-criterion ‘price’ will be assessed on the basis of the answers provided by the Tenderer when filling in Appendix 7 – Tender List. The evaluation will be based on the Tenderer’s stated prices, exclusive of VAT, but inclusive of all other costs. The total evaluation price is automatically added up in Appendix 7 – Tender List, sheet 2: Pricelist. The total evaluation price consists of five (5) elements, each included with the percentage mentioned in Tender conditions, section 5.3. 1. Initial purchase: (is included with 100% of the price in the total evaluation price) The evaluation price element “Initial purchase” consist of the following three (3) prices: • 1) Price for eight (8) trains, • 2) price for initial purchase of components and • 3) price for initial purchase of special tools. 2. Operational cost (is included with 100% of the price in the total evaluation price) The evaluation price element “Operational cost” consist of the following five (5) prices: • 1) the cost of hourly maintenance for eight (8) trains in a period of eight (8) years, • 2) spare parts for preventive maintenance for eight (8) trains in a period of eight (8) years, • 3) Cost of energy consumption for eight (8) trains in a period of eight (8) years and • 4) the price for technical support (yearly fee) • 5) as well as an hourly fee times 500 hours, per year for a period of eight (8) years. 3. Option for purchase of additional 12 trains (is included with 25% of the price in the total evaluation price) The evaluation price element “option for purchase of additional 12 trains” consist of the following two (2) prices: • 1) price for additional 12 trains and • 2) Additional price for one (1) order, ordered later than 24 months after signing the contract. 4. Option for battery solution (is included with 25% of the price in the total evaluation price) The evaluation price element “Option for battery solution” consist of the following seven (7) prices • 1) Additional price for trains for activation of the option for eight (8) trains • 2) Price for initial purchase of components and storage of such in a period of eight (8) years • 3) Annual fee for storage of battery package • 4) Price for additional special tools as a part of the initial purchase • 5) additional cost of hourly maintenance for eight (8) trains in a period of eight (8) years if option is activated • 6) Additional cost for spare parts for preventive maintenance for eight (8) trains in a period of eight (8) years if option is activated, • 7) Additional cost of energy consumption for eight (8) trains in a period of eight (8) years if option is activated. 5. Cost for battery solution for additional Trains (is included with 25% of the price in the total evaluation price) The evaluation price element “Cost for battery solution for additional Trains” consist of the following one (1) price 1) Cost for battery solution for twelve (12) additional Trains The options (element 3-5) are only included with 25% each of the offered prices, in the calculation for total evaluation price, based on the probability of activation of these. The evaluation model used for the sub-criterion ‘Price’ is described below. Primary evaluation model The total evaluation prices will be evaluated relatively and based on a linear score model from 0 – 10 points. The ‘lowest total evaluation price’ among the compliant tenders cf. tender conditions, section 5.1, is awarded 10 points. A total evaluation price equal to the ‘lowest total evaluation price’ plus 20 % or above will be awarded 0 points, however, subject to the use of the below secondary and tertiary evaluation models if the conditions for this have been met. Other total evaluation prices are awarded points based on the following formula: Z= (The tenders total evaluation price−Lowest total evaluation price)/ Lowest total evaluation price The tenders score= Maximum score-maximum score* (Z/X) where X is thus set at 20% If the following secondary or tertiary evaluation model is used, the above formula is adjusted accordingly. The awarded points will be multiplied by the weighting of the price sub-criterion in the overall evaluation. Secondary evaluation model If it is ascertained that the total evaluation price of one or more of the compliant tenders is higher than the ‘lowest total evaluation price’ plus 20 %, X is fixed at 40 %. A total evaluation price corresponding to the ‘lowest total evaluation price’ plus 40 % or more will thus be awarded 0 points. Tertiary evaluation model If it is ascertained that the total evaluation price of one or more of the compliant tenders is higher than the ‘lowest total evaluation price’ plus 40 %, X will be increased by 10% until all compliant tenders can be contained or until X amounts to 100%. A total evaluation price corresponding to the ‘lowest total evaluation price’ plus the increased value up to 100% will thus be awarded 0 points.
Weight (percentage, exact) : 60
Criterion :
Type : Quality
Name : Quality
Description : Sub-sub-criteria to Quality: Construction weight 40% Passengers comfort weight 40% Drivers Cabs weight 10% Method of collaboration with the manufacturers of Customer provided equipment weight 10% The sub-criterion Quality will be evaluated on the basis of the below mentioned sub-sub criteria and the answers provided by the Tenderer in Appendix 10 – Solution description. Sub-sub criterion “Construction” The Sub-sub-criterion will be evaluated based on the tenderers’ answers for: - Appendix 10 – Solution description, section 2 An overview of what the Contracting Authority regard as positive in the evaluation can be found in Appendix 10 – Solution description, section 2. Evaluation method: - Tenders are evaluated in accordance with an absolute model, cf. the points scale in Tender conditions, section 5.3.1. - The Contracting Authority will make an overall assessment of the sub-sub-criterion. The evaluation parameters will be based on different levels of importance for the Contracting Authority. It will be specified if the parameter is Very important, Important or Normal. Very important parameters will always be evaluated higher than Important parameters. Important parameters will always be evaluated higher than Normal parameters. - The Contracting Authority will assess whether the answer appears well-documented and binding. Sub-sub criterion “Passengers’ comfort” The Sub-sub-criterion will be evaluated based on the tenderers’ answers for: - Appendix 10 – Solution description, section 3 An overview of what the Contracting Authority regard as positive in the evaluation can be found in Appendix 10 – Solution description, section 3. Evaluation method: - Tenders are evaluated in accordance with an absolute model, cf. the points scale in Tender conditions, section 5.3.1. - The Contracting Authority must make an overall assessment of the sub-sub-criterion. The evaluation parameters will be based on different levels of importance for the Contracting Authority. It will be specified if the parameter is Very important, Important or Normal. Very important parameters will always be evaluated higher than Important parameters. Important parameters will always be evaluated higher than Normal parameters. - The Contracting Authority will assess whether the answer appears well-documented and binding. Sub-sub criterion “Drivers Cabs” The Sub-sub-criterion will be evaluated based on the tenderers’ answers for: - Appendix 10 – Solution description, section 4 An overview of what the Contracting Authority regard as positive in the evaluation can be found in appendix 10 – Solution description, section 4. Evaluation method: - Tenders are evaluated in accordance with an absolute model, cf. the points scale in Tender conditions, section 5.3.1. -The Contracting Authority will make an overall assessment of the sub-sub-criterion. - The Contracting Authority will assess whether the answer appears well-documented and binding. Sub-sub criterion “Method of collaboration with the manufacturers of Customer Provided equipment” The Sub-sub-criterion will be evaluated based on the tenderers’ answers for: - Appendix 10 – Solution description, section 5 An overview of what the Contracting Authority regard as positive in the evaluation can be found in appendix 10 – Solution description, section 5. Evaluation method: - Tenders are evaluated in accordance with an absolute model, cf. the points scale in Tender conditions section 5.3.1. -The Contracting Authority will make an overall assessment of the sub-sub-criterion. -The Contracting Authority will assess whether the answer appears well-documented and binding.
Weight (percentage, exact) : 40
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

Deadline for requesting additional information : 13/01/2025 09:00 +00:00

5.1.12 Terms of procurement

Terms of the procedure :
Estimated date of dispatch of the invitations to submit tenders : 07/02/2025
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
Description of the financial guarantee : The Supplier shall provide perfomance guarantee and advance payment guarantee - see the Contract, and appendix 11 and 12.
Deadline for receipt of requests to participate : 27/01/2025 09:00 +00:00
Information that can be supplemented after the submission deadline :
At the discretion of the buyer, some missing tenderer-related documents may be submitted later.
Additional information : The Contracting Authority is entitled, but not obliged, to request the Applicant to supplement, specify or complete the application by submitting relevant information or documentation within a reasonable deadline if this can be done in accordance with article 76(4) of the Utility directive. The Contracting Authority is entitled, but not obliged, to request the Tenderer, the association’s participants or other entities to supplement or specify the received documentation, see clause 76 (4) of the Utility directive.
Terms of contract :
The execution of the contract must be performed within the framework of sheltered employment programmes : No
Conditions relating to the performance of the contract : The Contract contains CSR requirements, see Contract, section 23.
A non-disclosure agreement is required : no
Electronic invoicing : Required
Electronic ordering will be used : yes
Electronic payment will be used : yes
Financial arrangement : See the Contract, sections 8-10 and appendix 8 - Payment and remuneration
Information about review deadlines : 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.

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 : Aarhus Letbane I/S
Organisation providing more information on the review procedures : Konkurrence- og Forbrugerstyrelsen
Organisation receiving requests to participate : Aarhus Letbane I/S
Organisation processing tenders : Aarhus Letbane I/S
TED eSender : Mercell Holding ASA

8. Organisations

8.1 ORG-0001

Official name : Aarhus Letbane I/S
Registration number : 34704724
Postal address : Thomas Koppels Gade 311
Town : Aarhus C
Postcode : 8000
Country subdivision (NUTS) : Østjylland ( DK042 )
Country : Denmark
Contact point : Elisabeth Hansen
Telephone : 53360036
Roles of this organisation :
Buyer
Organisation providing additional information about the procurement procedure
Organisation receiving requests to participate
Organisation processing tenders

8.1 ORG-0002

Official name : Klagenævnet for udbud
Registration number : 37795526
Postal address : Toldboden 2
Town : Viborg
Postcode : 8800
Country subdivision (NUTS) : Vestjylland ( DK041 )
Country : Denmark
Contact point : Klagenævnet for udbud
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) : Byen København ( DK011 )
Country : Denmark
Contact point : Konkurrence- og Forbrugerstyrelsen
Telephone : +45 41715000
Information exchange endpoint (URL) : https://www.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 : 5280d2f1-0ced-4a74-8454-651dc4f259b3 - 01
Form type : Competition
Notice type : Contract or concession notice – standard regime
Notice dispatch date : 16/12/2024 10:01 +00:00
Notice dispatch date (eSender) : 16/12/2024 10:01 +00:00
Languages in which this notice is officially available : English

11.2 Publication information

Notice publication number : 00770113-2024
OJ S issue number : 245/2024
Publication date : 17/12/2024