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Procurement of Operation Network (retendering)

The Contracting Authority wants to purchase all elements of rollout of a network for data communication to approximately 250 substations for control and supervision of the gas and power grid. This includes hardware, management applications, detailed design, configuration and rollout. Further the tender includes all aspects of project management to …

CPV: 32000000 Equipos de radio, televisión, comunicaciones y telecomunicaciones y equipos conexos, 32430000 Red de área extendida, 72720000 Servicios de red de amplia cobertura

Lugar de ejecución:

Procurement of Operation Network (retendering)

Organismo adjudicador:

Energinet Eltransmission A/S

Número de premio:

24/08526

1. Buyer

1.1 Buyer

Official name : Energinet Eltransmission A/S

Activity of the contracting entity : Electricity-related activities

2. Procedure

2.1 Procedure

Title : Procurement of Operation Network (retendering)

Description : The Contracting Authority wants to purchase all elements of rollout of a network for data communication to approximately 250 substations for control and supervision of the gas and power grid. This includes hardware, management applications, detailed design, configuration and rollout. Further the tender includes all aspects of project management to control the above mentioned elements and activities. Energinet requests a Maintenance and Support agreement for the complete Agreement period. Energinet is in short responsible of the physical access and installation of hardware at substations. Further details, see the tender material.

Procedure identifier : 10ca06f7-d2df-4583-bc8c-99716b816398

Internal identifier : 24/08526

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 : The tenders submitted must be valid for a period of 12 months from the specified time limit for the submission of tenders. If the tenderer during the negotiation phase, prepares and submits revised tenders, such tenders must also be valid for the period of 12 months from the specified time limit for these revised tenders.

2.1.1 Purpose

Main nature of the contract : Supplies

Additional nature of the contract : Services

Main classification ( cpv ): 32000000 Radio, television, communication, telecommunication and related equipment

Additional classification ( cpv ): 32430000 Wide area network

Additional classification ( cpv ): 72720000 Wide area network services

2.1.2 Place of performance

Country : Denmark

Anywhere in the given country

2.1.3 Value

Estimated value excluding VAT : 350 000 000 Danish krone

2.1.4 General information

Additional information : It should be noted that this is a negotiated procedure. With the exception of basic elements, changes may be made to tender documents and their contents as a consequence as part of the negotiation process. The tenderer's legal form is not required. If you wish to apply to participate in this tender process, the corresponding ESPD must be filled in. The ESPD for this tender process can be found in EU-Supply. The ESPD must be filled in in EU-Supply, after which it is submitted via "My answer". Guidelines for completing the ESPD can be found on the website of the Konkurrence- og Forbrugerstyrelsen, www.kfst.dk (The contracting entity does not take responsibility for the content of the guidance). Please note the following: - An applicant who participates alone, but relies on the capacity of one or more other entities (e.g. a parent company or sister company or subcontractor) shall ensure that the application is accompanied by both the applicant's own ESPD and a separate ESPD for each entity on which it wishes to rely, with a completed Part II "Information on the economic operator" and Part III "Grounds for exclusion" as well as relevant information concerning Part IV "Selection criteria" and Part V: "Limiting the number of qualified applicants". The attached ESPD from those other entities should be duly completed and signed. In addition, the submission of final evidence must also be accompa-nied by evidence of the commitment of these entities/subcontractors in this respect in the form of a statement of support. - Where groups of economic operators, including temporary associations, apply together, a full ESPD shall be filled in separately for each participat-ing economic operator containing the required information. The final documentation must also be accompanied by a Consortium Declaration, by which the parties declare to be a consortium or other form of association jointly and severally, unconditionally, and directly liable for the fulfilment of the contract tendered.

Legal basis :

Directive 2014/25/EU

2.1.6 Grounds for exclusion

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 ren-dered 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 involv-ing 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. " For Danish applicants/tenderers the documentation is entailed in the “Serviceattest” which can be acquired from the Danish Business Authority. The time frame from request of a Serviceattest until receipt is usually two weeks. For foreign applicants/tenderers it is the experience of the Contracting Authority that the time frame for receipt of this documentation varies within the individual member states. As a result, The Contracting Authority strongly advises foreign applicants/tenderers to obtain this documentation as early as possible. Preferably the documentation should be ready and availa-ble already in connection with the prequalification. The EU Com-mission has launched e-CERTIS, a free, on-line source of information to help companies and contracting authorities to deal with different forms of documentary evidence required when tendering for public contracts. Information regarding relevant certificates can be obtained from: https://ec.europa.eu/tools/ecertis/#/search

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). For Danish applicants/tenderers the documentation is entailed in the “Serviceattest” which can be acquired from the Danish Business Authority. The time frame from request of a Serviceattest until receipt is usually two weeks. For foreign applicants/tenderers it is the experience of the Contracting Authority that the time frame for receipt of this documentation varies within the individual member states. As a result, The Contracting Authority strongly advises foreign applicants/tenderers to obtain this documentation as early as possible. Preferably the documentation should be ready and available already in connection with the prequalification. The EU Commission has launched e-CERTIS, a free, on-line source of information to help companies and contracting authorities to deal with different forms of documentary evidence required when tendering for public contracts. Information regarding relevant certificates can be obtained from: https://ec.europa.eu/tools/ecertis/#/search

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 fi-nancing, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction contin-ues 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). For Danish applicants/tenderers the documentation is entailed in the “Serviceattest” which can be acquired from the Danish Business Authority. The time frame from request of a Serviceattest until receipt is usually two weeks. For foreign applicants/tenderers it is the experience of the Con-tracting Authority that the time frame for receipt of this documen-tation varies within the individual member states. As a result, The Contracting Authority strongly advises foreign applicants/tenderers to obtain this documentation as early as possible. Preferably the documentation should be ready and available already in connection with the prequalification. The EU Commission has launched e-CERTIS, a free, on-line source of information to help companies and contracting authorities to deal with different forms of documentary evidence required when ten-dering for public contracts. Information regarding relevant certificates can be obtained from: https://ec.europa.eu/tools/ecertis/#/search

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). For Danish applicants/tenderers the documentation is entailed in the “Serviceattest” which can be acquired from the Danish Business Authority. The time frame from request of a Serviceattest until receipt is usually two weeks. For foreign applicants/tenderers it is the experience of the Contracting Authority that the time frame for receipt of this documentation varies within the individual member states. As a result, The Contracting Authority strongly advises foreign applicants/tenderers to obtain this documentation as early as possible. Preferably the documentation should be ready and available already in connection with the prequalification. The EU Com-mission has launched e-CERTIS, a free, on-line source of information to help companies and contracting authorities to deal with different forms of documentary evidence required when tendering for public contracts. Information regarding relevant certificates can be obtained from: https://ec.europa.eu/tools/ecertis/#/search

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 Coun-cil 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). For Danish applicants/tenderers the documentation is entailed in the “Serviceattest” which can be acquired from the Danish Business Authority. The time frame from request of a Serviceattest until receipt is usually two weeks. For foreign applicants/tenderers it is the experience of the Contracting Authority that the time frame for receipt of this documen-tation varies within the individual member states. As a result, The Contracting Authority strongly advises foreign applicants/tenderers to obtain this documentation as early as possible. Preferably the documentation should be ready and available already in connection with the prequalification. The EU Commission has launched e-CERTIS, a free, on-line source of information to help companies and contracting authorities to deal with different forms of documentary evidence required when tendering for public contracts. Information regarding relevant certifi-cates can be obtained from: https://ec.europa.eu/tools/ecertis/#/search

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 con-cerning exclusion, selection or award?

Purely national exclusion grounds : § 134 a. A contracting entity shall exclude a candidate or tenderer from participation in a procurement procedure if the candidate or tenderer is established in a country that is included on the EU list of non-cooperative jurisdictions for tax purposes and has not acceded to the WTO's Government Procurement Agreement or other trade agreements obliging Denmark to open the public procurement market to tenderers established in that country.

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?

Guilty of grave professional misconduct : Is the economic operator guilty of grave professional misconduct? Where applicable, see definitions in national law, the relevant notice or the procurement documents.

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? For Danish applicants/tenderers the documentation is entailed in the “Serviceattest” which can be acquired from the Danish Business Authority. The time frame from request of a Serviceattest until receipt is usually two weeks. For foreign applicants/tenderers it is the experience of the Contracting Authority that the time frame for receipt of this documen-tation varies within the individual member states. As a result, The Contracting Authority strongly advises foreign applicants/tenderers to obtain this documentation as early as possible. Preferably the documentation should be ready and available already in connection with the prequalification. The EU Commission has launched e-CERTIS, a free, on-line source of information to help companies and contracting authorities to deal with different forms of documentary evidence required when tendering for public contracts. Information regarding relevant certifi-cates can be obtained from: https://ec.europa.eu/tools/ecertis/#/search

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? For Danish appli-cants/tenderers the documentation is entailed in the “Serviceattest” which can be acquired from the Danish Business Authority. The time frame from request of a Serviceattest until receipt is usually two weeks. For foreign applicants/tenderers it is the experience of the Con-tracting Authority that the time frame for receipt of this documen-tation varies within the individual member states. As a result, The Contracting Authority strongly advises foreign applicants/tenderers to obtain this documentation as early as possible. Preferably the documentation should be ready and available already in connection with the prequalification. The EU Commission has launched e-CERTIS, a free, on-line source of information to help companies and contracting authorities to deal with different forms of documentary evidence required when ten-dering for public contracts. Information regarding relevant certifi-cates can be obtained from: https://ec.europa.eu/tools/ecertis/#/search

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 ter-rorism (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. For Danish applicants/tenderers the documentation is entailed in the “Serviceattest” which can be acquired from the Danish Business Authority. The time frame from request of a Serviceattest until receipt is usually two weeks. For foreign applicants/tenderers it is the experience of the Con-tracting Authority that the time frame for receipt of this documentation varies within the individual member states. As a result, The Contracting Authority strongly advises foreign applicants/tenderers to obtain this documentation as early as possible. Preferably the documentation should be ready and available already in connection with the prequalification. The EU Commission has launched e-CERTIS, a free, on-line source of information to help companies and contracting authorities to deal with different forms of documentary evidence required when ten-dering for public contracts. Information regarding relevant certifi-cates can be obtained from: https://ec.europa.eu/tools/ecertis/#/search

5. Lot

5.1 Lot technical ID : LOT-0000

Title : Procurement of Operation Network (retendering)

Internal identifier : 1

5.1.1 Purpose

Main nature of the contract : Supplies

Additional nature of the contract : Services

Main classification ( cpv ): 32000000 Radio, television, communication, telecommunication and related equipment

Additional classification ( cpv ): 32430000 Wide area network

Additional classification ( cpv ): 72720000 Wide area network services

5.1.2 Place of performance

Country : Denmark

Anywhere in the given country

Additional information :

5.1.3 Estimated duration

Duration : 12 Year

5.1.4 Renewal

Maximum renewals : 0

5.1.5 Value

Estimated value excluding VAT : 350 000 000 Danish krone

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

5.1.9 Selection criteria

Criterion :

Type : Economic and financial standing

Name : Economic and Financial Standing

Description : The applicant must confirm the economic ability in the ESPD part IV.B with information from the latest annual report regarding the following economic indicators: 1. Equity (total equity incl. share capital, reserves, revaluation, retained earning etc.) 2. Equity ratio (equity/total assets). This must be stated with two decimals. If the applicant relies on the capacities of one or more entities (e.g., an affiliated company or a subcontractor) or the applicant is a group of economic operators (e.g., a consortium) the information for the ESPD part IV.B must also be given in a separate ESPD from each of these entities. It is the sole responsibility of the applicant to secure that the minimum requirements are reached based on consolidation when the applicant is relying on the capacity of other entities or when the applicant is a group of economic operators.

The criteria will be used to select the candidates to be invited for the second stage of the procedure

Criterion :

Type : Economic and financial standing

Name : Minimum level(s) of standards required:

Description : Minimum requirement to economic and financial standing: Concerning 1: Equity from the latest annual report must, at the time of prequalification, be at least 20 Mio. DKK Concerning 2: Equity ratio from the latest annual report must, at the time of prequalification, be at least 20 pct.

The criteria will be used to select the candidates to be invited for the second stage of the procedure

Criterion :

Type : Suitability to pursue the professional activity

Name : Suitability to pursue the professional activity, including requirements relating to enrolment on professional or trade registers

Criterion :

Type : Technical and professional ability

Name : Technical and Professional Ability

Description : The applicant must document fulfilment of minimum requirements concerning technical and professional ability in ESPD part IV.C: • Up to three (3) years most comparable and relevant references undertaken in the past three (3) years as part of the application. By "undertaken in the past three (3) years” implies that the reference must not have been completed prior to the date reached when counting three (3) years backwards from the submission date for prequalification. References older than this will not be taken into consideration. References which have not yet been fully completed can be included as part of the application, however the applicant must describe the parts which have not yet been delivered, and this may affect the evaluation of the applicant, cf. section 2.3. The references should include: o A specific description of the work performed for each reference, including: o Contract value (if possible) o Contact information for the entity in question (including contact person) o Date of initiation and final delivery (day, month, year) Experience of Tenderer o The Tenderer is to describe the scope of the reference and how this reference are comparable to the tendered assignment o The Tenderer is asked to make detailed description for their responsibilities during the delivery of network solutions and corresponding management tools. o Three (3) contracts delivered to three (3) different clients. o The aggregate value of the three (3) contracts must not be less than €5,000,000 exclusive of VAT. Any ambiguities and/or incomprehensibilities may have a negative effect on the selection of applicants. Please note that the “description” box in ESPD part IV.C. can contain more text than is visible and it is possible to copy paste text into the box. If the applicant is relying on the capacity of one or more other entities (e.g. a parent or sister company or a subcontractor) or the applicant is a group of economic operators (e.g. a consortium) the maximum number of references to be submitted must still be respected and cannot exceed 3 when combined. If more than 3 references are submitted, the Contracting Authority will only consider the 3 most recent references determined by date of final delivery (in this case not yet finished references will not be included). If the applicant relies on other entities capacity or is part of a group of economic operators the information concerning ESPD part IV.C must be submitted in separate ESPD’s for each entity. It is the applicant’s sole responsibility to ensure that the requirement concerning technical and professional ability is met.

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 : 5

The procedure will take place in successive stages. At each stage, some participants may be eliminated