TENDER INSTRUCTIONS Consulting services and auction software in connection with the 1800 MHz auction. 23 March 2015 Case no.

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1 TENDER INSTRUCTIONS Consulting services and auction software in connection with the 1800 MHz auction 23 March 2015 Case no

2 Table of contents List of annexes The overall framework for the tender Contracting authority Regarding the tender The tender documents The availability of the tender documents Procedure and time schedule for the tender Time schedule for the tender Questions to the Danish Business Authority about the tender Form and procedure requirements to the submission of offer Alternative offers Expenses to the preparation of the tender documents etc Right of access to documents Negotiation ban Requirements to the offer s form and content The offer s structure and content The tenderer s contact information Tenders submitted by a consortium or a partnership The tenderer s task understanding etc Organisation and qualifications in the project team The tenderer s time schedule Open standards Minimum requirements Price Offer to be kept open Reservations Signed solemn declaration regarding final delivered verdict Signed solemn declaration regarding payment of taxes etc Evaluation of the offer The processing of reservations Evaluation Award criteria Sub-criteria and the weighting of sub-criteria Award and contract signing Page 2 of 18

3 6.1 Notification of the result Contract signing List of annexes Annex 1. Annex 2. Annex 3. Annex 4. Task description regarding consulting services and auction software in connection with the 1800 MHz auction Solemn declaration regarding the tenderer s payment of taxes and social security contributions Solemn declaration regarding final delivered verdict Draft contract Page 3 of 18

4 1. The overall framework for the tender 1.1. Contracting authority The contracting authority which is responsible for the completion of this tender is: Danish Business Authority Dahlerups Pakhus Langelinie Allé 17 DK-2100 Copenhagen Ø Denmark Telephone: Contact persons: Henriette Stang Meulengracht/Gitte Lüders Hansen Internet (URL): The Danish Business Authority is part of the Ministry of Business and Growth Regarding the tender The Danish Business Authority hereby offers the following task: 1. Consulting services in connection with preparation and completion of the 1800 MHz auction 2. Electronic web-based auction software 3. Ad hoc consulting services in connection with the 1800 MHz auction It is noted that the consulting services (1) and electronic web-based auction software (2) are the main activities in this tender but might to a lesser extent (in the estimated order of 10 % of the total tasks) also include ad hoc consulting services (3) if the Danish Business Authority decides that there is a need for ad hoc consulting services. Reference is made to the task description in Annex 1 to the Tender Instructions for detailed information about the task. All interested parties are requested to submit offers on the carrying out of the task as described in the specification of these tender documents. The present tender is implemented under the EU open procedure, cf. Article 28 of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (the EU directive regarding public procurements). The tender is announced by a Contract Notice no. 2015/S in the Official Journal of the EU dated 21. March Page 4 of 18

5 2. The tender documents The complete tender material consists of: These Tender Instructions with annexes Task description regarding consulting services and auction software in connection with the 1800 MHz auction Solemn declaration regarding the tenderer s payment of taxes and social security contributions Solemn declaration regarding final delivered verdict Draft contract The contract notice no. 2015/S The availability of the tender documents All the tender documents will be published on the Danish Business Authority s website: Page 5 of 18

6 3. Procedure and time schedule for the tender 3.1. Time schedule for the tender There are the following deadlines for the tender process: Deadline Activity 17 March 2015 The contract notice is sent to The Publications Office of the European Union 13 April 2015 Deadline for submission of questions to the tender 27 April 2015 kl Deadline for submission of offer Week Expected information of the result of the evaluation Week 22/ Expected contract signing (kick off meeting week 22/ ) The Danish Business Authority reserves the right to make changes in the time schedule Questions to the Danish Business Authority about the tender All questions regarding the tender must be in writing and send to: Danish Business Authority Att.: Henriette Stang Meulengracht/Gitte Lüders Hansen The tenderers and other interested parties can in the tender period keep themselves continually informed on the Danish Business Authority s website: Any questions and answers regarding the tender will be available here in anonymised form. All questions received 14 calendar days before the deadline for submission of offers can be expected to be answered no later than six calendar days before the deadline of submission of offers. Page 6 of 18

7 Questions which are sent after this deadline will be answered if it is possible to answer them no later than six calendar days before the deadline of submission of offers Form and procedure requirements to the submission of offer The offer shall be written in English or Danish and shall be signed by the tenderer. Offers shall be delivered in two printed copies, where one shall be in a format which is possible to copy. In addition an electronic copy shall be submitted either on a USB-memory stick or a CD/DVD-rom. It is entirely the tenderer s responsibility that the delivered documents are readable for which reason the electronic files can be submitted in e.g. PDF-format or MS Word- or Excel-format. Offers cannot be delivered by . The offer shall be delivered before the deadline of the submission of offers, 27 April 2015 in a sealed packing clearly marked Tilbud. Må ikke åbnes af postomdelingen to: Danish Business Authority Att. Henriette Stang Meulengracht/Gitte Lüders Hansen Dahlerups Pakhus Langelinie Allé 17 DK-2100 Copenhagen Ø Denmark The Danish Business Authority reserves the right to annul the tender if factual reasons suggest it, e.g. if no qualified offers are received or if it is not possible to reach an agreement between the Danish Business Authority and the winning tenderer about the contract s form and content Alternative offers The tenderer cannot submit alternative offers Expenses to the preparation of the tender documents etc. The tenderer s expenses in connection with the present invitation to tender, including preparation and submission of the offer as well as any subsequent enquiries etc. shall be of no concern to the Danish Business Authority. The Danish Business Authority reserves the right to keep the submitted documents. The information in the tender documents is the Danish Business Authority s property. Page 7 of 18

8 3.6. Right of access to documents The tenderer shall be aware that the documents, including the submitted offers, in the present tender can be included in the rules regarding the right of access to documents. This means that competitors and others can petition for access to offers received by the Danish Business Authority. Petitions for access to documents from other companies or legal entities participating in this tender procedure, shall in accordance with case law by the Public Procurement Appeals Board (Klagenævnet for Udbud) depending on the circumstances be met by the orderer, however typically after consulting the company or companies or legal entities of which the information is concerning. If there is a wish for exemption for a potential request for right of access to documents regarding specific information in the offer based on commercial considerations, the tenderer can profitably in advance state this in the offer with elucidation and delimitation of which information or passages, including price, is wished exempted, among other things with regard to the requirements for short processing of petitions for right of access to documents. However, the orderer is in any case eligible to and obliged to give right to access to documents to the extent followed from the legislation Negotiation ban The Danish Business Authority calls attention to the fact that the Danish Business Authority as an orderer is unable to negotiate with the tenderers about the submitted offers. In accordance with EU law it is only possible to have deliberations with applicants or bidders, when the goal is to define or supplement the content of their offers or the orderer s requirements, and to the extent that it will not give rise to differential treatment. The Danish Business Authority will consequently not hold neither contract nor price negotiations, which is why the tenderer should take care that the offer is phrased so that the contract in principle could be signed without any preceding deliberations between the tenderer and the Danish Business Authority. Hence, it is from all point of views recommendable that the offers are satisfactory and address all relevant issues and encompass all necessary information, including mainly all prices (including discounts or similar), and that the offers are precise in every sense. Page 8 of 18

9 4. Requirements to the offer s form and content The offer shall contain and be structured in line with the following head sections The offer s structure and content The offer shall encompass and be set out according to the following main sections which are clarified below: The tenderer s contact information The tender shall in the offer clearly state which legal entity the tenderer is and thereby responsible to the Danish Business Authority. The offer shall also clearly state the primary responsible contact person. The tenderer shall sign the offer. Digital sign can be used. The tenderer is urged to provide the sign(s) on the page describing who is bidding on the task Tenders submitted by a consortium or a partnership If a tender is submitted by a consortium or a partnership comprising several liable tenderers, the legal entity of each tenderer shall be stated clearly and precisely, and additionally there shall be stated a joint authorised person (the project responsible), who the Danish Business Authority is able to enter into an agreement with with binding effect to the consortium. The members are joint and several liable. If a consortium or a partnership is awarded the contract, each member of the consortium or partnership shall submit a written declaration about joint and several liabilities for the fulfilment of the contract. A guidance about consortium formation and the requirements to be met in order to make a joint offer for a procurement can be found in the Danish Competition and Consumer Auhtority s publication Vejledning i konsortiedannelse (the guidance is only in Danish) The tenderer s task understanding etc. The offer shall encompass a short description maximum 3 A4 pages of the tenderer s overall understanding of the task. The offer shall encompass an adequate description of how the tenderer will solve the task according to section 2.1 no in Annex 1 (task description). The offer shall encompass concrete and satisfactory suggestions to activities which are made to achieve the overall goals for the task and a description of which effect these activities is expected to have. Page 9 of 18

10 Comparatively, it can also be relevant for the tenderer to describe the tenderer s considerations about choice of method, risk analysis and other challenges regarding process etc Organisation and qualifications in the project team The offer shall encompass an organisation diagram (organigram). Furthermore the qualifications for each member of the project team shall be described and documented. In that connection the offer shall include: CVs for all the members of the project team References for similar tasks for every member in the project team In case the offer is based on sub-suppliers or business partners, the offer shall clearly and precisely state their names in the offer, as well as it shall be described which parts of the task the sub-suppliers or business partners are meant to carry out. The tenderer shall furthermore submit documentation of this e.g. in the form of a declaration of support from the sub-suppliers and written statements or expression of interest from the business partners The tenderer s time schedule The offer shall encompass a detailed time schedule for the project according to the milestone in the overall time schedule in section 3 in Annex 1 (task description). The time schedule shall encompass a specification of the scale (number of hours) of the deliveries the tenderer is offering and a time schedule with concrete milestones for e.g. start up, activities and completion of the task. It is noted that a general election is to be held in Denmark by 15 September 2015 at the latest, which may involve delays in DBA s overall time schedule. The political clarification, including by the Government and within the group of parties behind the political agreement on telecommunications, regarding the definition of possible coverage requirements etc. may also involve delays in DBA s overall time schedule. As mentioned in section 1.5 of Annex 1 the European Commission should make a decision regarding the merger between Telia and Telenor. The decision is expected in fourth quarter of 2015 at the latest. If the European Commission s decision regarding the merger is delayed this will have an impact on DBA s overall time schedule as the 1800 MHz auction cannot be carried out before the Commission s decision is made and any necessary corrections on the basis of this decision have been implemented in the draft auction documents. Page 10 of 18

11 Open standards The auction tool should be based on, or support, the seven mandatory open standards to the extent that these are relevant to the solution adopted. For each standard the tenderer shall briefly describe how the standard is planned to be supported. To the extent that the auction tool is not based on, or supporting, a given mandatory open standard the tenderer shall state the reasons for this. For further information on mandatory open standards, reference is made to the Danish Agency for Digitization website; Standards/Open-standards 4.2. Minimum requirements According to the contract notice regarding the 1800 MHz auction no. 2015/S section III.2.3) the minimum level of standards possibly required is: The tenderer shall be able to state at least one reference for consulting services and auction software in regards to spectrum auctions (usage of web-based auction software, counselling regarding auction design, modification of auction software and counselling for preparation and carrying out auctions) for the past three years Price The price shall be a fixed price for all tasks included. The price shall be stated in DKK and exclusive VAT. The offer cannot request for wholly or partly payment in advance. The remuneration fall due and is paid as stated in the Danish Business Authority s draft contract. The offer shall also include an hourly rate based on two consultant categories: 1) Consultant and 2) senior consultant. The price for ad hoc tasks, cf. Annex 1, section 2.1, re 12, shall be a fixed price based on an hourly rate stated in the offer. The offer shall encompass a clear budget regarding the price. The tenderer is urged to give an estimate of expected resource allocation divided between the different staff groups, e.g. project manager, consultants, administrative staff etc Offer to be kept open The offer shall be valid for at least five months from expiry of the tendering deadline that is the 27 September Page 11 of 18

12 4.5. Reservations The tenderer is urged to refrain from making reservations, including standard reservations and other professional reservations. The Danish Business Authority is in any case entitled to reject offers, which encompasses reservations and will be obliged to reject offers if the reservations regard minimum requirements or reservations to substantial parts of the tender documents. If the tenderer finds the conditions in the Danish Business Authority s material unacceptable or undesirable, the tenderer is urged to ask questions in accordance with section 3.2 to the specific conditions rather than making reservations. In case of uncertainty of whether a reservation will lead to rejection of the offer with reference to this point, the tenderer is urged to write clarifying questions to the tender documents. Questions shall in that case be formulated in such a manner that the question as far as possible refers to the specific section in the tender documents, which the reservation concerns, and by this only in essential necessary cases account for the reservation s concrete content. This provision is due to the prohibition of negotiation in EU open and restricted tender procedures. Consequently, the Danish Business Authority will consider, whether amendments to the announced tender documents should be made. In case of reservations, the tenderer must state the content of the reservation as precise as possible with an indication of the potentially desired alternative wording in the draft contract, which is part of this tender material. Such reservations must be clearly marked by for instance a clearly diverging font Signed solemn declaration regarding final delivered verdict The Danish Business Authority is as the orderer obliged to exclude companies from participating in the procurement, which by final delivered verdict are convicted of one or several of the types of crime mentioned in the EU directive regarding public procurements article 45, paragraph 1, i.e.: 1. Participating in a criminal organisation 2. Offence the prohibition on active bribery in public duty or task 3. Offence the prohibition on EU fraud 4. Offence the prohibition on money laundering The tenderer shall therefore sign and submit a solemn declaration confirming that there is not delivered a final verdict stating that the tenderer s company has contributed to the above mentioned things. If a declaration is incomplete/not submitted along with the offer, the Danish Business Authority reserves the right to ask the tenderer to supplement/submit the declaration, within a short time frame whilst complying with the principles of equal treatment, non-discrimination and transparency. Page 12 of 18

13 A template for this declaration is attached as part of the tender material; cf. Annex 3 to these Tender Instructions. For the tenderer s information the Danish Business Authority has the possibility of excluding companies from participating in the tender process; a) if estate goes bankrupt, goes into liquidation, administration or compulsory composition beyond bankruptcy, which has ceased its business enterprise or is in a similar situation pursuant to a similar procedure, which is specified in national law b) if estate is in the winding-up proceedings or is taken under administration in preparation for liquidation, administration or compulsory composition beyond bankruptcy or any similar administration, which is specified in national law c) as by court ruling with legal force pursuant to the country s legislative provisions is convicted of a punishable action, which raises doubts about the company in question s professional integrity d) as in connection with execution of its business has made a serious mistake, which the contracting authority has provable stated e) which has not fulfilled its obligations regarding payment of social contributions pursuant to the legislative provisions in the country, where the company concerned is established, or in the country of the contracting authority f) which has not fulfilled its obligations regarding paying taxes and levies pursuant to the legislative provisions in the country, where the company concerned is established, or in the country of the contracting authority, or g) which has fraudulent given incorrect information when communicating the information, which can be required pursuant to the EU directive regarding public procurements, or which has omitted to give this information. Service certificate: To verify whether such exclusion reasons exist, the Danish Business Authority may after expiry of the deadline for submission of offers demand that the winning tenderer shall submit a complete service certificate as further documentation before signing the contract. The service certificate may at the earliest be issued 3 months before the expiry of the deadline for submission of offers. More information about service certificates can be found on (the information can only be found in Danish) Signed solemn declaration regarding payment of taxes etc. Along with the offer, the tenderer shall submit a signed solemn declaration confirming that the tenderer has fulfilled his obligations relating to the payment of taxes and social contributions cf. Act no. 336 of 13 May 1997 regarding limitation of debtor s possibilities for participating in public procurements. A template for this declaration is attached to the tender documents; cf. Annex 2 to these Tender Instructions. Page 13 of 18

14 If the offer is submitted by a consortium, each participant of that consortium shall submit the declaration mentioned above. If a declaration is incomplete/not submitted along with the offer, the Danish Business Authority reserves the right to ask the tenderer to supplement/submit the declaration, within a short time frame whilst complying with the principles of equal treatment, non-discrimination and transparency. The Danish Business Authority may after expiry of the deadline for submission of offers demand that the winning tenderer shall submit a complete service certificate as further documentation before signing the contract. The service certificate may at the earliest be issued 3 months before the expiry of the deadline for submission of offers. More information about service certificates can be found on (the information can only be found in Danish). Page 14 of 18

15 5. Evaluation of the offer 5.1. The processing of reservations Offers with reservations to minimum requirements or other substantial parts of the tender documents will be rejected as not conditional. The tenderer s reservations to conditions or requirements which are not related directly to the award criteria will be capitalised by the Danish Business Authority but not reservations to substantial parts of the tender documents, cf. above. If the Danish Business Authority is not capable of capitalising the tenderer s reservations in a definite and objective way and this will make the evaluation complicated, the Danish Business Authority is eligible to reject the offer as not conditional Evaluation Before the evaluation of the offers it will be assessed whether the offers are conditional. If an offer is not conditional, the Danish Business Authority is eligible to and obliged to disregard the offer. Subsequently, the evaluation will be based on the received conditional offers response to the task description and contractual terms Award criteria The choice of supplier will be based on the award criterion the most economically advantageous offer Sub-criteria and the weighting of sub-criteria The evaluation of the most economically advantageous will be assessed on the basis of the following sub-criteria with the mentioned weighting: Page 15 of 18

16 Sub-criteria Weighting Description Quality 50 % When assessing this criterion emphasis will be placed on how the tenderer in the offer suggests solving and organising the task. This will be assessed as to how high a degree the offer describes: Task solution in a sufficient way including all the tasks in the tender documents and fulfils the requirements in the task description in Annex 1. Covers all relevant descriptions of all sub-tasks and encompasses all concrete and detailed description of the tasks including the analyses. Encompasses activities with the required relevance and quality in proportion to realizing the project s overall objectives. Shows fundamental and detailed insight into the preparation of tasks in relation to spectrum auctions, auction design, auctions process, market and coverage requirement analyses, usage of auction software, modification of auction software and carrying out auctions. Shows good connection between all the phases of the solution of the task and the activities and overview of the task. Uses methods/organisation which secures the relevant quality control and task management to obtain timely and correct fulfilment of the contract including the necessary expertise to solve the task. This sub-criterion will be evaluated on the basis of the offer s description of The tenderer s task understanding and solution description, including the activities and deliveries. Organisation and competence in the project team 20 % When assessing this criterion emphasis will be placed on how the organisation of the solution of the tasks reflects the tasks complexity and size. Assessing the relevant competences and qualification to a high degree is present and emphasis will be placed on the project team s experience with solution of Page 16 of 18

17 similar tasks. This sub-criterion will be evaluated on the basis of the offer s description of the organisation and qualifications in the project team. Price 20 % When assessing this criterion emphasis will be placed on the lowest price of the consulting services and the auction software (90 %) and the ad hoc hourly rate (10 %). The evaluation of the ad hoc hourly rate will be based on a simple average of the hourly rates of the two consultant categories. This sub-criterion will be evaluated on the basis of the offer s description of the price and hourly rates for consultant categories. Time schedule 10 % When assessing this criterion emphasis will be placed on the number of hours placed on each activity in the time schedule and to what extend the number of hours demonstrate that the time schedule is realistic and can be completed without any delays in the time schedule. This sub-criterion will be evaluated on the basis of the offer s description of the tenderers time schedule. Page 17 of 18

18 6. Award and contract signing 6.1 Notification of the result When the Danish Business Authority has selected a supplier, all the tenderers will simultaneously receive a written notification of this in accordance with article 41 in the EU directive regarding public procurements and the act of enforcement of the procurement rules etc. The notification of the winning tenderer about this tenderer s offer being identified as the most economically advantageous offer, is not a legally binding undertake to enter into contract with the tenderer. There is no legally binding contract or undertaking of this, before there is a mutually signed contract between the Danish Business Authority and the chosen tenderer. The result of the procurement will be published in the Official Journal of the EU in accordance with applicable rules of this in the EU directive regarding public procurements. 6.2 Contract signing Entering into an agreement will be at the earliest when the stand still period is expired, which according to article 3 in the act of enforcement of the procurement rules etc. is determined to 10 days from submission of the notification. The contract will be signed on the basis of the attached draft contract in Annex 4. Page 18 of 18

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