Tender specifications for public EU contract awards

Transcription

1 Tender specifications for public EU contract awards from Danish Environment Protection Agency Strandgade Kbh K Surveillance of sulphur emissions from ships in Danish waters EU Call for tenders number: 2015/S

2 Contents 1 TENDER SPECIFICATIONS Introduction The contracting authority Contact person Scope of work Background Purpose Sub-agreements Options Contract period Tender specifications Competitive procurement procedure Selection criteria Evaluation of tenders Conditions of tender Tender deadline, etc Minimum requirements for the content, layout, etc. of the tender Language Contractual basis Notification and standstill period Cancellation Costs relating to participation Variants Reservations Questions and corrections Secrecy obligation, confidentiality and access to documents Prohibition against negotiation Schedule Annex 1: Declaration on honour concerning a final judgment Annex 2: Declaration on honour concerning liabilities vis-à-vis public creditors

3 1 TENDER SPECIFICATIONS 1.1 Introduction The present contract documents provide supplementary information in respect of the following notice in the Official Journal of the European Union: 2015/S The procurement process is being run as an open invitation to tender in accordance with EU procurement rules for purchasing by public authorities, cf. Directive 2004/18/EC of the European Parliament and of the Council of 31 March All interested parties are hereby invited to tender for the execution of services as detailed in the specifications which are part of the present contract documents. Tenderers will be invited to present their project descriptions in week 8 or 9, Refer to section for further details. 1.2 The contracting authority The contracting authority in this procurement process is Danish Environmental Protection Agency, who is responsible for the conduct of this procurement process. In the present tender specifications, the contracting authority will be referred to as the Contracting Entity Contact person All communications prior to the contract award shall be addressed to: The Danish Ministry of the Environment Danish Environmental Agency Strandgade Kbh K Denmark Attn: Dorte Kubel dokub@mst.dk All communications shall be in writing and submitted in Danish or English Where there are discrepancies between the Contracting Entity s written and oral statements, the written statements shall always be given precedence. 1.3 Scope of work 3

4 1.3.1 Background On 1 January 2015, new and stricter requirements for ships sulphur emissions take effect in the North Sea and the Baltic Sea. In order to comply with the regulation ships must use fuels with a low sulphur content of 0.10 % or clean the exhaust gas for sulphur corresponding to the fuel limit value. At present, both Danish and foreign ships calling at Danish ports are subject to inspections that include control of the relevant documents (bunker delivery notes) as well as oil sampling on selected ships. In Denmark the Ministry of the Environment is responsible for the sulphur regulation. The actual control is performed by inspectors from the Danish Maritime Authority according to a contract with the Danish EPA. However, a great number of ships are going through Danish waters without calling a Danish port. Surveillance of sulphur emission either from air of from fixed installations has been identified as an effective means to identify ships that may violate the sulphur requirements. Against this background the Danish EPA wishes to invite tenders for surveillance of sulphur emissions from ships in Danish waters. It should be stressed that the project addresses only measurement of the sulphur emissions and reporting of the results to the authorities. Any follow up actions are exclusively left in the hands of the authorities Purpose The purpose of the project is to support improvements of the air quality with specific focus on the reduction of the emission of sulphur and particulate matter from shipping. The aim is to provide surveillance of the sulphur emissions from ships from air and from a fixed installation. The overall aim is to secure fair competition for ships operating in SECA areas. Non-compliant ships may get a considerable competitive advantage unless a level playing field is ensured. Further, non-compliance will undermine the expected benefit of the coming sulphur regulation on human health and the environment. The surveillance has two elements. Firstly to provide spot checks of the actual sulphur emission from individual ships in Danish waters, secondly to supply a general picture of the sulphur emissions from ships in Danish waters. The main purpose of the project is to monitor the emissions from ships in order to point out cases of major non-compliance i.e. cases where the equivalent sulphur content substantially exceeds the limit value of 0.1 %. The results of the monitoring will contribute to a more efficient enforcement by enabling the authorities to target the inspection of ships in ports to those ships where there is an indication of significant non-compliance. Further, the collected data will provide a general picture of the sulphur emissions from ships. However this evaluation is not part of the project. The dataset shall be available for statistical evaluation and analysis by third parties upon agreement with the Danish EPA. It should be stressed that the project addresses only measurement of the 4

5 sulphur emissions and reporting of the results to the authorities. Any follow up actions are exclusively the competence of the authorities. The description of and requirements for the contracted project is described in the attached requirements specifications for the project, cf. Annex Sub-agreements The project consists of two deliverables that all together is limited by a budget of 6.3million. DKK: 1. Monitoring from a fixed installation: One set of equipment capable of measuring emissions of sulphur from ships from a fixed installation. Budget: Approx. 1,3 million DKK 2. Airborne monitoring of sulphur emission from individual ships passing through Danish Waters Budget: Approx. 5 million DKK The distribution between the airborne monitoring and monitoring from the fixed position may vary from the distribution suggested above. The budget limit for this tender is limited by a budget total of 6.3 million DKK. Tenders above this budget will not be accepted Options The tender do not contain any options Contract period The contract period is from March 2015 to the end of Tender specifications Competitive procurement procedure The procurement process is being run as an open invitation to tender in accordance with EU procurement rules for purchasing by public authorities, cf. Directive 2004/18/EC of the European Parliament and of the Council of 31 March In an open invitation to tender, all interested providers may submit a tender. The tenders received are evaluated in two phases: the selection phase and the award phase. In the selection phase, an assessment is made of the individual tenderer s general suitability to provide the contracted services. The object of the suitability assessment is to ensure that competition for the contracted services takes place between tenderers that are suited to providing the service in question. The suitability assessment is based on the information requested in the section on Selection criteria. 5

6 In the award phase, a specific assessment of the tenders received is carried out and on this basis, a decision is made as to which tenderer should be awarded the contract. The award is based on the award criterion specified in the section Award criterion Selection criteria The legal entity Tenderers shall state clearly and unambiguously in their tenders which legal entity is the tenderer and thereby responsible to the Contracting Entity Tender submitted by a consortium Where a tender is submitted by a consortium including multiple responsible tenderers, each legal entity shall be specified individually in a clear and unambiguous way and the consortium members shall also specify a joint authorised representative with whom the Contracting Entity can enter into a contract with binding effect on the consortium. The consortium members have joint and several liability. Where a consortium is awarded the contract, each member of the consortium shall submit a written declaration that it is jointly liable for the fulfilment of the contract. Where the tenderer is a consortium, the statements and information given below under Conditions for participation, The tenderer s financial and economic suitability and The tenderer s technical and/or specialist suitability shall be complied with and provided by all members of the consortium Use of subcontractors If a tenderer intends to use subcontractors to provide the contracted services or parts thereof, the names of the subcontractors shall be specified clearly and unambiguously in the tender, along with the parts of the work that the subcontractors are to be used for. The statements and information specified below do not have to be submitted for subcontractors, as the provider is responsible and liable for the work of any subcontractors Conditions for participation The Contracting Entity will undertake an assessment of the tenderer s suitability to fulfil the contract put out to tender. The assessment of suitability will cover the tenderer s specific circumstances and their economic and technical suitability. Tenderers may be excluded from participating in the procurement process on the basis of their specific circumstances. The Contracting Entity is obliged to exclude any undertakings that have been convicted of one or more of the types of criminal offence listed in Article 45(1) of the Procurement Directive. 1. A criminal offence 2. An infringement of the prohibition against active corruption in public services or activities 3. An infringement of the prohibition against EU fraud 4. An infringement of the prohibition against money laundering 6

7 Tenderers shall therefore sign a declaration on honour concerning a final judgment confirming that the tenderer's business has not been involved in any of the aforementioned actions. The declaration is attached as Annex 1. Tenderers shall also sign a declaration on honour that they do not have any unpaid outstanding liabilities vis-à-vis public creditors in the form of taxes, levies and social security contributions, cf. Executive Order No 336 of 13 May 1997 limiting the opportunities for debtors to participate in public tendering procedures. The declaration is attached as Annex 2. The Contracting Entity may subsequently demand that the tenderer with whom it wishes to enter into an agreement submit a full certificate issued by the Danish Commerce and Companies Agency as supporting documentation before the contract is signed. The certificate shall not be issued more than three months prior to the tender deadline The tenderer's financial and economic suitability Tenderers shall submit the following in order to document their economic suitability: 1. Submission of the undertaking's balance-sheet or an extract from it, where the tenderer is covered by a legal requirement to publish accounts 2. Documentation showing that the tenderer has or can obtain the relevant professional indemnity insurance for the agreement. The documentation shall be in the form of either a copy of the insurance policy, an insurance certificate including the area of coverage and the coverage amounts and issued by the insurance company, or an undertaking from a recognised insurance company to provide professional indemnity insurance valid from the signature of the contract If tenderers cannot present the required documentation, they shall have their financial and economic suitability endorsed in another way, by submitting suitable documents. In this case, tenderers shall indicate the circumstances cited as valid grounds for not submitting the requested materials. The above list of criteria is NOT exhaustive, and the Contracting Entity may request other documentation. The Contracting Entity should consider what requirements to set, and is urged not to accept uncritically all the requirements set out above. Consider what requirements are necessary and relevant to the specific contract The tenderer's technical and/or specialist suitability Tenderers shall submit the following in order to document their technical and specialist suitability: 1. References for the company. A maximum of five references should be attached, covering projects which the tenderer has undertaken within the specified area in the last three years. The list of references shall include the following information: Brief description of the project and its relevance to the contracted project Contact person at the company / public institution for whom the project was undertaken. Contract period Contract value 7

8 2. Details of how much of the project the tenderer proposes to give to subcontractors 3. Description of the tenderer's organisation, number of employees, and technical qualifications of employees 4. Description of the company's technical equipment to be used to carry out the project 5. Description of measures taken by the tenderer to assure quality 6. Description of measures taken by the tenderer to safeguard the environment Where tenderers have a valid reason, e.g. that the company is a new player in the field, as to why they cannot submit the required reference documentation, they shall have their technical capacity demonstrated in some other way, by submitting suitable documents. In this case, tenderers shall indicate the circumstances cited as valid grounds for not submitting the requested materials. The Contracting Entity reserves the right to contact the specified referees to confirm the contents of the references given Evaluation of tenders Tenders will be evaluated on the basis of the award criterion specified below with a view to identifying the winning tender. Tenderers shall meet the requirements set out in the tender specifications regarding the solution to the remit (Annex 3), unless specified otherwise. No weight will therefore be attached in the evaluation to reproducing the contents of the tender specifications in the bid. All the requested information, as specified in Section "Sub-criteria", received from the tenderer in connection with submission of the tender will be considered in the evaluation Award criterion Providers will be selected on the basis of the award criterion: The most economically advantageous tender Sub-criteria The most economically advantageous tender will be assessed on the basis of the criteria given below, with the specified weightings: 8

9 Weighing of criteria: Criteria Weighing 1 Price (cost per ship) 35 2 Planning 20 3 Quality 30 4 Technical qualifications (CV and experience with similar projects) 15 On 1. Price (cost per ship) The cost per inspected ship (ships where the sulphur emission is measured) shall be calculated for each type of monitoring (fixed/airborne). The price shall include all costs. A detailed budget shall be supplied giving the details of the cost calculation, including: All initial costs of purchase and installation of the equipment. All variable costs in the contract period. The price shall be calculated as an average per month and shall cover periodical service and maintenance in case of break-down of the equipment. The tender with the lowest average total cost per inspected ship will achieve the highest ranking for the criteria Price. The tender is limited by a total budget of 6.3 million DKK. Tenders with a higher budget will not be taken into account. On 2. Planning The tenderer shall describe the planning of the measurements (cf. Annex 3, Specifications of requirements).the description shall at least include, and will in particular be evaluated, based on the following: Time schedule: The system shall be ready for operation as soon as possible after the contract is signed. The tenderer shall deliver a project plan describing at least: when the installation of the equipment will start when the installation will be completed when the equipment will be ready for operation For the fixed installations the project plan shall take into account the need to agree with the owners of the installation e.g. on placement of the equipment. Capacity As many ships as possible shall monitored during the project period. Number of ships monitored as part of the contract shall be described. The main focus shall be on ships in international trade. 9

10 Geographical coverage: Fixed installation: The fixed installation shall be placed a strategic position with a high number of ships passing in international trade. The reasoning behind the chosen positon shall be well documented Airborne monitoring: The monitoring program shall cover a number of strategic areas around Denmark where a high number of ships in international trade are passing. The measurement campaigns shall be performed in different areas and equally distributed over the year and preferably both during day and night. The reasoning behind the monitoring program shall be well documented. Time schedule, capacity and geographical coverage will be assigned equal weight when evaluating the tenders with regards to the sub-criteria Planning. On 3. Quality of the proposed solution The tenderer shall supply a detailed description of the proposed solution, including measurement system, uncertainty, methodology, reporting and quality assurance (cf. Annex 3, Specifications of requirements).the description shall at least include, and will in particular be evaluated, based on the following: Measurement system The system shall be suitable for the purpose and able to deliver the data specified in section 7.3 of the Specification of Requirements (Annex 3).The tender shall include a detailed description of parameters to be measured, the measurement equipment, methods and the data collection system in details, including but not limited to: Gas analyzers/sensors (measurement principles and make of the sensors to be used) Precision and detection limit of the analyzers/sensors (all measured parameters) Possible cross sensitivities and how to correct for this Detection limit, linearity and drift of sensors Other sensors, i.e. meteorological conditions (measurement principles and make of the sensors to be used) Description and diagrams of the build-up of the system, including auxiliary equipment, as pumps, filters etc. Data acquisition system (including frequency of sampling) and storage of data Documentation that the equipment is suitable for use under harsh ambient conditions For fixed installation: How the proper functioning of the equipment is monitored in order to reveal possible break-down/malfunction of the equipment. Calibration procedures for gas analyzers/sensors, other measurements equipment and sensors, including calibration intervals and calibration gasses for the gas analyzers/sensors procedures for handling of eventual breakdown in order to minimize down-time of the equipment shall be described The description of the measurement system shall include a graphical presentation similar to Figure 2 in Annex 3. 10

11 Uncertainty of the calculated equivalent sulphur content A description of a well-documented estimate of the uncertainty of the calculated equivalent sulphur content in terms of percentage shall be supplied. The uncertainty shall be minimized. Methodology A clear and detailed description and documentation of the methodology, including data processing and quality control shall be supplied. The description shall include, but is not limited to: The procedure for the calculation of the equivalent sulphur content of the fuel in terms of percentage. The procedure for combining the sulphur measurement with relevant supplementary data in order to arrive at the final dataset. The tender shall include description of used methods (algorithms) and documentation of calculations. The interface for the AIS data integration with the other measurements (figure 2). More about the AIS data interface description can be seen Appendix 1 to Annex 3. The physical data model for the database (the raw data). How the quality and availability of external data is secured (in case other supplementary data are obtained from external sources) Estimated uncertainty of the calculated equivalent percentage sulphur content of the fuel oil expressed as the 95 % confidence interval at the limit value 1 (0.10 %). The estimate can be based on real life measurements (preferably) or model calculations. Reporting The tenderer shall supply a detailed description of reporting and access to data, including but not limited to: How reports can be generated/obtained from the system. The tool and software How the Danish EPA obtains access to the database e.g. through a web based solution with a table view of the data (the customer use PC - Microsoft Platform Windows 7). A web based system is preferred. When evaluating special importance will be attached to user friendliness, including: Easy access to data (final data set) Possibility to generate reports with different combinations of data as specified by the user. The evaluation with respect to reporting will be based on the written project description. However with regards to evaluation of the user friendliness, the presentation done by the tenderer (refer to section ) will be taken into account. Where there are discrepancies between the presentation and the written project description, the written description will be given precedence. 1 ISO 4259: Standard on the determination and application of precision data in relation to methods of test. 11

12 Robust quality assurance: The tenderer shall describe the approach of the quality assurance of data, measurements and algorithms, taking into account factors that may lead to erroneous measurements, including but not limited to: o Metrological conditions (wind direction/speed, precipitation, humidity etc.) o Interferences from other sources i.e. two ships passing at the same time o Possible malfunction of the measurement system The above mentioned criteria (measurement system, uncertainty, methodology, reporting and quality assurance) will be assigned equal weight when evaluating the tenders with regards to the criteria Quality. On 4. Technical qualifications (CV and experience with similar projects) The tenderer shall describe the combined technical qualifications of the project team. The description shall at least include, and will in particular be evaluated, based on the following: Emission measurements: In-depth knowledge of measurement technologies and practical experience with emission measurements under harsh ambient conditions, i.e. at sea. Modelling of exhaust plumes in order to determine: the optimal positioning of the equipment (for fixed equipment) the optimal route (for airborne equipment) Data handling: Experience with collection, processing, quality assurance and presentation of data. Knowledge of AIS data. Ship traffic: Knowledge about shipping emissions, marine traffic routes and other factors that may affect the measurements. The above mentioned qualifications will be assigned equal weight when evaluating the tenders with regards to the criteria Technical qualifications Presentation The tenderers will be invited to present their project to the Contracting Entity on 19, 20 or eventually 23 February The presentation should include a short presentation of the proposed solution and a presentation of the reporting tool. The main purpose of the presentation is to illustrate the functions and user friendliness of the proposed reporting tool. The short presentation of the solution is for information purpose only and will not be taken into account when evaluating the tender. 12

13 It is assumed that the presentation will take place as a face-to-face meeting in Copenhagen (Danish EPA). 1.5 Conditions of tender The tenderer shall submit the tender based on the present contract documents. The final agreement will be signed on the basis of the attached draft contract with annexes Tender deadline, etc. Tenders shall reach the Contracting Entity no later than Tuesday 17 February 2015, 12 am. Tenders received after this time will not be taken into consideration and will be returned unopened. Tenders should be sent or handed in to: The Danish Ministry of the Environment Danish Environmental Agency Strandgade Kbh K Denmark Attn: Dorte Kubel Tenders may not be submitted electronically. The complete tender shall be sent or handed in to the address given above. Tenders should be marked as follows: EU Call for tenders no: 2015/S plus the following, clearly written text Må ikke åbnes i postmodtagelsen [Not to be opened by the post room]. Tenders should be submitted in 3 paper copies with an electronic version (on CD-ROM or USB stick) of all the tender material submitted. Tenderers are bound by their tenders for three months after the deadline for submission of tenders. The Contracting Entity does not consider the procurement process to be complete until the contract has been signed Minimum requirements for the content, layout, etc. of the tender When a tender is submitted, it shall contain the necessary annexes and documentation as described in the contract notice and these tender specifications. Tenders shall contain the following: 13

14 1. Cover letter clearly stating which legal entity or grouping is submitting the tender, and use of subcontractors, if any; cf. section Signed declaration on honour concerning a final judgment, cf. Annex Signed declaration on honour concerning liabilities vis-à-vis public creditors, cf. Annex Documentation of the requested details concerning the tenderer's economic suitability, cf. section Documentation of the requested details concerning the tenderer's specialised and technical suitability, cf. section Descriptions and documentation of the specified sub-criteria in the specified form, cf. section and annex 3 7. Labelling of the submitted papers, correct address and timely dispatch, cf. section The submitted tender shall contain all the requested information and documentation. However, the Contracting Entity reserves the right to correct or rectify any formal errors and deficiencies in the tenders received, in accordance with Section 12 of Executive Order No 712 of 15 June If the tenders submitted contain more than the specified maximum number of references, the Contracting Entity reserves the right to contact the tenderer, in order to request submission of a correct list of references within a brief time limit set by the Contracting Entity. In the event of discrepancies between the signed original paper copy and the electronic copy, the signed original copy shall take precedence. This does not however prevent the Contracting Entity from taking into account any information, documents, etc. that may be missing from the original paper copy but are present in the other material submitted with the tender, including the electronic copy Language The tender and associated annexes shall be drawn up in Danish or in English Contractual basis The contract will be entered into on the basis of the attached draft contract, cf. Annex 4. The contract lays down the obligations and rights that will apply between the parties in connection with the provision of services covered by this call for tenders. It should be noted that the basic terms of the draft contract cannot be amended. The tenderer s standard terms and conditions will not form part of the contractual basis. This applies irrespective of whether or not the tenderer attaches their own terms and conditions when submitting the tender, providing services, confirming orders or invoicing, etc Notification and standstill period When the Contracting Entity has identified a tender that is "most economically advantageous", the Contracting Entity shall notify all tenderers of the award decision. This notification will be made 14

15 simultaneously and will include a brief account of the relevant grounds for the decision, and indicate when the standstill period expires. Pursuant to the Act on the administration of public procurement rules, Act No 492 of 12 May 2010, the Contracting Entity will sign the contract with the selected tenderer(s) no sooner than 10 days after the notification has been ed to all tenderers. If the notification is sent by letter, the standstill period will be 15 days. The standstill period will be calculated from the day following the day on which the notification is sent to the tenderers. The contract can therefore be signed on the 11th or the 16th day. The standstill period shall be specified in calendar days. If the time limit ends on a Saturday, Sunday or public holiday, it shall be extended to midnight of the next working day. Any appeal will automatically have a temporary suspensory effect if it is lodged with the Public Contracts Appeals Board before the end of the standstill period, and no contract may be signed until the Public Contracts Appeals Board has had an opportunity to examine the case Cancellation The Contracting Entity reserves the right, until the procurement process has been concluded with the final entry into a contract, to cancel the call for tenders, and thereafter possibly to initiate a new call for tenders, where there are technical grounds for cancellation. Any cancellation will be accompanied by a letter to all tenderers detailing the reason for the cancellation Costs relating to participation Participation in the procurement process is at the tenderer s own expense and risk and costs or losses incurred by the tenderer in connection with participation in the competitive procurement process are of no concern of the Contracting Entity. The tender material will not be returned to tenderers Variants The tenderers are not entitled to submit variants Reservations Tenderers are not entitled to reserve significant rights to themselves in respect of fundamental elements of the overall contract documents. The Contracting Entity will assess the significance of any reservations. Reservations as to price and/or deadlines and schedules are always significant. The Contracting Entity shall reject any tenders that contain significant reservations of rights in respect of fundamental elements. Such tenders shall be regarded as non-compliant. Reservations as to the specified price, deadlines, schedules, etc. are always regarded as significant reservations. Any reservations that do not relate to the fundamental elements in the overall contract documents will be priced by the Contracting Entity, with the resultant price being added to the tenderer s proposed price. The Contracting Entity has the right not to consider such tenders. 15

16 Any reservations shall be stated clearly. 1.6 Questions and corrections Where a tenderer finds parts of the documentation unclear or inappropriate, they are invited to submit clarifying questions. Under the principle of equal treatment, the Contracting Entity shall treat all tenderers equally. This means, among other things, that the Contracting Entity shall furnish all tenderers with the same information during the procurement process. Tenderers may submit questions in writing about the tender specifications and the procurement process in general. Questions must be in Danish and in English. All questions submitted up to 14 days prior to the deadline for tenders will be answered. Questions submitted later than 14 days prior to the deadline for tenders will only be answered if a reply can be given no later than six days prior to the deadline for tenders. Questions submitted later than six days prior to the deadline for tenders will not be answered, unless they are insignificant and do not concern the implementation of the project. Questions will be answered in writing in English. Questions, answers and any corrections will be published in anonymised form at It is the tenderer s responsibility to ensure that questions and answers and any corrections are received, as responsibility for any failings in tenders due to missing corrections will be borne solely by the tenderer. 1.7 Secrecy obligation, confidentiality and access to documents Tenderers shall observe unconditional secrecy in respect of unauthorised persons in relation to information that they may become aware of in connection with tendering. Tenderers are reminded that the documents, including tenders submitted, are subject to statutory rules on access to documents. Requests for access to documents from other undertakings participating in the competitive procurement process shall be handled by the Contracting Entity in accordance with the practice of the Complaints Board for Tenders and depending on the circumstances. This assessment shall however consider, among other things, whether the undertaking submitting a tender has asked for the tender to be treated confidentially and has indicated which information/elements within the tender such a request for confidentiality applies to. Where a tender contains information or elements that a company wishes for business reasons to keep outside the scope of access to documents, the tenderer is asked to specify this in the tender. However, the Contracting Entity shall be entitled and obliged, under all circumstances, to provide access to the extent required by law. 16

17 1.8 Prohibition against negotiation It should be emphasised that the Contracting Entity will not be able to negotiate, in the traditional way, with tenderers in respect of the tenders submitted. The Contracting Entity will thus stay within the framework for negotiation on which guidance has been provided, among other points, in a statement from the Council and the Commission in connection with Directive 93/37/EEC (OJ L 111/114 of 30 April 1994): The Council and the Commission state that in open and restricted procedures all negotiations with candidates or tenderers on fundamental aspects of contracts, variations in which are likely to distort competition, and in particular on prices, shall be ruled out; however, discussions with candidates or tenderers may be held but only for the purpose of clarifying or supplementing the content of their tenders of the requirements of the contracting authorities and provided this does not involve discrimination." There are thus narrow limits to negotiation. There will thus be no actual contract or price negotiations, for which reason tenderers should take care to ensure that their tenders are such that the contract in question can, in principle, be entered into without any prior discussions between the tenderer and the Contracting Entity. It is therefore of the utmost importance for the tenders to be complete and to deal with all relevant conditions and include all the necessary information, including specifying all prices (including discounts and the like) and for tenders to be accurate in every respect. 1.9 Schedule The procurement process will take place in accordance with the following time schedule: Tender procurement notice published Deadline written questions* at 12:00 am. Tender deadline 19, 20 (and eventually 23) Presentations February Announcement of chosen providers Stand still period 10 days Sighing of contracts. Contracts enter into force *) All questions submitted up to 14 days prior to the deadline for tenders will be answered. Questions submitted later than 14 days prior to the deadline for tenders will only be answered if a reply can be given no later than six days prior to the deadline for tenders. Questions submitted later than six days prior to the deadline for tenders will not be answered, unless they are insignificant and do not concern the implementation of the project. 17

18 Annex 1: Declaration on honour concerning a final judgment Pursuant to Executive Order No 937 of 16/09/2004 (Order concerning the procedures for the award of public works contracts, public supply contracts and public service contracts), an applicant or tenderer shall be excluded if a final judgment has been passed on them for one or more of the following reasons: 1) involvement in a criminal offence, cf. Section 23 of the Criminal Code, where the sentence passed made reference to Section 81 no 3 of the Criminal Code, 2) infringement of the prohibition against active corruption in public services or activities, cf. Section 122 of the Criminal Code, and the prohibition against corruption in private legal matters (return commission), cf. Section 299 no 2 of the Criminal Code, 3) infringement of the prohibition against EU fraud, cf. Section 289 of the Criminal Code, or 4) infringement of the prohibition against money laundering, cf. Section 290 of the Criminal Code. In accordance with the above, the undersigned hereby declares on his/her honour that no final judgment has been passed against the applicant/tenderer in relation to any of these points. Date Company name and CVR no Signature Stamp, where applicable 18

19 Annex 2: Declaration on honour concerning liabilities vis-à-vis public creditors Pursuant to Statutory Order No 336 of 13 May 1997 on restricting debtors options for participating in public procurement procedures and amending certain of other acts (streamlining the recovery of arrears due to public institutions), public authorities shall require, when issuing calls for tenders for public works and for the purchase of goods and services, that every tenderer provides a declaration on honour, also stating to what extent the tenderer has unpaid outstanding liabilities vis-à-vis public creditors in the form of taxes, levies and social security contributions in accordance with the laws of Denmark or the country in which the tenderer is established. In accordance with the provisions of the above Act, the undersigned hereby makes the following declaration on his/her honour. Company name, address, telephone and CVR number: Details of liabilities vis-à-vis public creditors (cross as appropriate): 1 The company has no unpaid outstanding liabilities vis-à-vis public creditors 2 The company has unpaid outstanding liabilities vis-à-vis public creditors, but these debts do not exceed DKK 100,000 (or the equivalent amount in another currency). 3 The company has unpaid outstanding liabilities vis-à-vis public creditors, and these debts exceed DKK 100,000 (or the equivalent amount in another currency). Points 4 or 5 and 6 below should only be answered if a cross was entered against point 3 4 Security has been lodged with the recovery authority for the payment of that part of the debt in excess of DKK 100,000 (or the equivalent amount in another currency) Security will be lodged with the recovery authority for the payment of that part of the debt in excess of DKK 100,000 (or the equivalent amount in another currency) 5 An instalment plan has been agreed with the recovery authority covering unpaid outstanding debts, and this plan is being adhered to. 6 Date security deposited / plan established: Year: Month: Day: Recovery authority Name Street: Postcode: Town/city: 19

20 Signature: Date: Signature of manager and company stamp: 20