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2 > Tender Documents Invitation to tender (EU restricted procedure) for consulting assistance in connection with preparation and implementation of a calculation model for terminating traffic in mobile networks, based on the Long Run Average Incremental Cost (LRAIC) methodology for determining interconnection prices for voice and sms termination in accordance with the EC termination recommendation from May 2009 (pure LRIC). Published by: National IT and Telecom Agency Holsteinsgade 63 DK-2100 Copenhagen Ø Telephone: Fax: This publication may be obtained free of charge, subject to availability of stock, from: National IT and Telecom Agency danmark.dk Telephone: 1881 sp@itst.dk The publication may also be downloaded from the Agency's website: ISBN (Internet): Printed by: Number printed: ISBN:

3 > Tender Documents Invitation to tender (EU restricted procedure) for consulting assistance in connection with preparation and implementation of a calculation model for terminating traffic in mobile networks, based on the Long Run Average Incremental Cost (LRAIC) methodology for determining interconnection prices for voice and sms termination in accordance with the EC termination recommendation from May 2009 (pure LRIC). National IT and Telecom Agency February 2011

4 Contents > 1. Introduction and background Invitation to tender About the National IT and Telecom Agency Background and objective of the task 6 2. Specification of requirements The task and its completion The task Division of roles Essential conditions Regulatory basis SMP providers Staff allocated by NITA Project management Time schedule, division of responsibilities, delivery dates Documentation Presence in Copenhagen Other requirements Requirements regarding the structure and content of the tender Structure of tender Proposal for solving the task Experience of the consultants Reliability of delivery Price Compliance with tender documents Other aspects Criteria for evaluating the tender EU tender Prequalification phase Tendering phase General conditions for implementing the tendering process General requirements Number of copies Language Expenses Questions Entry into force Delivery of tender Deadlines Other aspects Appendixes 24

5 1. Introduction and background > 1.1. Invitation to tender With reference to the Contract Notice in TED on 23 December 2010, you are hereby invited to participate in a restricted tender for consulting assistance for construction and implementation of a model for terminating traffic in mobile networks using the LRAIC method (Long Run Average Incremental Cost) on the mobile network for determining interconnection (mobile termination) prices in Denmark. The award procedure will be restricted procedures, cf. Directive no. 2004/18/EC, art. 1(11)(b) About the National IT and Telecom Agency The National IT and Telecom Agency (NITA) is part of the Danish Ministry of Science, Technology and Innovation. In the area of information and communication technology (ICT), NITA handles contact to other Ministries, organisations, etc. The foundation for NITA's work is the government's focus on the fact that information and communication technology and digital development still plays a crucial role of innovation, growth and welfare in society. NITA's concrete activities are as follows: > Advising users of IT and telecommunications, companies etc. within the ICT area and other relevant parties on current legislation and other general matters concerned with IT and telecommunications. > Drafting Bills and Executive Orders. > Laying down administrative regulations in areas where authority has been vested in NITA. > Monitoring compliance with legislation in the IT and telecommunications sector. > Launching and implementing activities within the ICT area for the purpose of creating digital access and digital infrastructures in the public sector. > Facilitating a coherent, effective and safe use of ICT > Securing an open and transparent digital communication between citizens and the public sector. NITA has a staff of about 300. Within NITA the Market Division is among others responsible for construction and implementation of a model for terminating traffic in mobile networks using the LRAIC method. The Market Division carries out the economic monitoring of telecommunications companies at wholesale level, including market analysis, market decisions, price controls, regulatory accounts in accordance with commitments on accounting separation and the establishment of cost accounting to support price controls on interconnection rates. 5

6 1.3. Background and objective of the task On 8 March 2010, the National IT and Telecom Agency issued decisions in relation to TDC, Telenor, Telia, Hi3G and Barablu in the wholesale market for terminating traffic in these companies' individual mobile networks (market 7) 1. Pursuant to section 84d of the Telecommunications Act, all companies were designated as having significant market power in the wholesale market for termination of traffic in individual mobile networks and were subject to LRAIC price obligation. Since 19 th of June 2008, NITA has determined maximum prices for mobile termination annually by means of the LRAIC method (Long Run Average Incremental Cost). The first LRAIC price decision on mobile termination (from 19th of June 2008) came into force by 1st of January Due to the glidepath for Hi3G, the maximum prices for alle the operators have decreased on the 1st of May every year from 2009 and forward. In 2009 TDC, Telenor and Telia reached a maximum price equal to the highest LRAIC cost operator in the market and thereby ended their glidepath towards LRAIC cost based maximum prices. Due to asymmetry Hi3G will reach the end of its glidepath by the 1st of May From May 2011 Hi3G will be subject to the same maximum price as TDC, Telenor, and Telia 2. The regulatory basis for using the method is laid down in Act on Competitive Conditions and Consumer Interests in the Telecommunications Market, dated 31 May 2000 with later amendments. However this Act is currently under revision, and a new act is expected to enter into force on the 25 th of May An LRAIC mobile pricing model was developed in 2008 to serve as a basis for setting LRAIC based maximum mobile termination prices. The existing LRAIC model was prepared as a project between NITA and the mobile providers. NITA had engaged a consultancy for assistance.the final LRAIC model was a consolidated balance of bottom up cost analysis and top down cost data from operators. 1 Barablu is no longer in the market. (in Danish). However, Lyca mobile is a recently established full MVNO. As a full MVNO Lyca Mobile is a supplier of mobile termination on market 7. NITA will perform a market analysis to assess if Lyca Mobile has SMP status on the market for mobile termination to its customers. If SMP status is found, Lyca mobile will be regulated accordingly. LRAIC price regulation will be a possible regulatory remedy. 2 A overview of the regulated maximum mobile termination prices can be found at 6

7 > NITA conducts annual updates of the model and sets rates on this background after the LRAIC method. Specifically, the annual updates include update of volumes and forecasts for individual services, WACC and 2G/3G migration. In the latest price decision a market share of 25 percent for all operators was introduced to gradually implement the EC termination recommendation. All public available material on the preceding LRAIC process and preceding price decisions can be found at NITA s website (documents are generally in Danish). 3 However, the models (one for each operator) are not publicly available. Every three years NITA has to assess whether there is a need to make fundamental changes to the LRAIC cost analysis. The present model from 2008 does not include explicit modeling of HSDPA. A new model is needed to include the latest technological developments in mobile networks. Furthermore, The European Commission s Termination Recommendation of 7th May 2009 implements pure LRAIC pricing on mobile termination from no later than 31 st of December The present model cannot in a satisfying way calculate cost in accordance with the Commission recommendation. A new model is needed to meet the requirements in the termination recommendation from the European Commission. The new model should therefore be able to calculate cost estimates for mobile voice and sms termination in accordance with the Commission s Recommendation of 7 May 2009 (concerning regulation of MTR) in the EU ("pure LRIC"). The model should however also be able to calculate the cost estimates for sms and voice termination based on an all traffic increment, i.e. where voice and sms termination contribute to coverage of joint and common cost ("LRAIC+"). The impending LRAIC modeling process is scheduled to be completed so that there could be rendered decisions on maximum prices based on the new LRAIC model no later than by the end of 2nd quarter of The assignment covers consultancy assistance for LRAIC modeling for the fixing of maximum mobile termination prices for both voice and sms, including, but not limited to, project management assistance, assistance relating to the collection of data, assistance with LRAIC modeling, and assistance in connection with the companies on the market and NITA, including preparation of process papers, attending meetings, preparation/drafting of reports and consultation responses, etc. One generic model should be developed. The model will be common to all of the designated SMP providers who are subject to price control according to the LRAIC pricing method. This model contains common allocation principles, common depreciation principles, etc

8 To reflect an effective provider, NITA will be able to decide the degree to which it should be possible to include the historic investments of the mobile providers in the model, and the Agency will also be able to decide the degree to which the actual operating costs of the individual providers reflect operating costs effectively incurred. This aims to ensure that any historically determined, ineffectively incurred investments or operating costs of an individual provider will not be included in the prices for all providers. It is presupposed that the model will include all the services designated in the market for mobile termination, i.e. termination of voice, sms and data traffic in 2G, 3G and possibly LTE networks. To enable the right dimensioning of the networks and to be able to calculate cost based on all traffic increment (where joint and common cost between all services, including overhead cost, need to be correctly distributed on services), the model will also have to deal with other services, including origination of traffic etc. 8

9 2. Specification of requirements > 2.1. The task and its completion The task NITA will be in charge of the overall project management of the LRAIC modelling. NITA intends to enter into a contract with a consulting firm to provide assistance for LRAIC-modelling on the mobile network for determining of prices for voice and sms termination. The model must be practically usable, resulting in a reliable tool for calculating costs and prices for interconnection products on the mobile network. The model is to reflect conditions in the Danish market, and as far as possible the model should gain acceptance among the parties in the revision process. Before the work on preparing the actual model is started, an overall model specification and a time schedule for the work will have to be prepared in consultation with the industry. When the model has been constructed, it will have to be sent in a broad consultation. NITA's determination of the final model must be based on the above analysis and based on a discussion with the industry thereof. The aim is to ensure a transparent and well-documented consultation procedure for the process, both in respect of the overall framework for the regulation and the detailed regulation of specific areas on the basis of the objectives set by current legislation. The industry will have to be involved in several parts of the process: > NITA will conduct several meetings with the mobile operators to increase the dialog, exchange of information etc. throughout the project. > The entire industry (including fixed-network companies etc.) will be given the opportunity to comment in connection with the determination of the overall model specification. > All SMP mobile providers are obliged to supply relevant data necessary for NITA to construct the LRAIC mobile model. > The entire industry (including fixed-network companies etc.) will be given the opportunity, in several consultation rounds, to comment on the initial draft model. > The entire industry (including fixed-network companies etc.) will be given the opportunity to comment on a draft decision on maximum prices. The task of assisting NITA consists of the following areas: 9

10 I. Project management. NITA will be in charge of preparing an overall time schedule. The first task for the selected tenderer will be to contribute to a detailed time schedule for the model development work, i.e. specification of milestones etc. Furthermore, the selected tenderer is to propose how to organise the work and initiate procedures for quality assurance. II. Drawing up criteria and guidelines. In cooperation with NITA, the selected tenderer is to draw up a model reference paper on how the models should be prepared, i.e. define the model design. The selected tenderer is also required to assist NITA in obtaining acceptance among market players to the widest possible extent and ensuring that the criteria are anchored with the parties in the development process. III. Calculations and corrections. NITA will be in charge of preparing the relevant calculations, corrections and modifications in the LRAIC model, with assistance from the selected tenderer. IV. Collection of data. NITA will be in charge of collecting data from the mobile network operators and other relevant market players, as well as international benchmarks to the necessary extent, with assistance from the selected tenderer. V. Consultation with the industry. NITA will be in charge of the necessary consultations with the industry, including preparation of consultation reports etc., with assistance from the selected tenderer. VI. Model documentation. The selected tenderer is to prepare complete documentation of the data, methods, principles etc. used in the revised model. VII. Determining maximum prices for interconnection products on the mobile networks based on the LRAIC model. The selected tenderer is to describe how the model can be updated and used for NITA s annual determination of maximum prices for interconnection products. Furthermore, the selected consulting firm will have to assist NITA with an assessment of how cost allocation should be carried out according to the new principles in the Commission's recommendation and the chosen solution must be implemented in the model. It should be emphasised that the above-mentioned list of activities only mentions the subtasks that can be identified in advance. In addition, the selected tenderer will have to provide current assistance and guidance to NITA during the process. NITA makes the reservation that it might be necessary later in the process to make adjustments to the process. In its tender, the tenderer must describe a proposal on how to solve the task, comprising project management, the project plan, preparation of criteria and guidelines etc Division of roles NITA's role in the process is to: > Handle the overall project management 10

11 > > Prepare the overall time schedule > Handle and coordinate contact with the industry > Make the overall methodological and modelling decisions > Ensure the necessary quality of the material issued > Prepare the final decision on the determination of maximum prices. The selected tenderer's role in the process is to: > Assist NITA in drawing up the detailed time schedule > Prepare a model reference paper setting detailed criteria and requirements for the LRAIC analyses > Be in charge of model programming activities > Prepare model documentation > Answer questions about the model from the industry > Draw up recommendations to NITA regarding methodological and overall modelling questions > Prepare contributions to consultation documents about modelling questions. NITA will appoint a staff member to act as project manager and contact person for the selected tenderer. The selected tenderer is also expected to appoint a project manager who will be the general access point (single point of contact) for NITA. The selected tenderer's project manager, in cooperation with NITA's project manager, will be responsible for day-to-day management of the project. The selected tenderer's project manager must have the necessary competence to handle the internal management and coordination of the tenderer's staff resources Essential conditions Regulatory basis The regulatory basis for modifying the LRAIC pricing method appears from Act on Competitive Conditions and Consumer Interests in the Telecommunications Market dated 31 May 2000 with later amendments. It appears from section 51f(10) of Consolidated Act No. 780 of 28 June 2007 on Competitive Conditions and Consumer Interests in the Telecommunications Market (hereinafter referred to as the Telecommunications Act) that the Minister for Science, Technology and Innovation may lay down specific rules as to the interconnection products and relevant markets to which the LRAIC pricing method can be applied. In case the Minister has laid down rules under which the LRAIC method may be applied to a given market for a given interconnection product, it appears from the Explanatory Notes on section 51f(5) that NITA, in its market decisions, may impose an obligation of price control according to the LRAIC pricing method. 11

12 NITA's assessment as to whether the LRAIC pricing method is to be adopted will depend on the outcome of specific market analyses and on balancing the considerations underlying the imposition of obligations. However, the starting point is that NITA should apply the relevant LRAIC pricing method in a market where the Minister has laid down rules to the effect that the LRAIC method may be adopted, unless there are decisive conditions indicating that one of the other pricing methods should be applied. Present rules for the LRAIC pricing method have been laid down in the Executive Order on the LRAIC Pricing Method, dated 29 th of April 2010 (the LRAIC Executive Order). Due to the implementation of the revised EU telecommunication Directives 4 the Danish legislation, including the LRAIC Executive Order, is under revision. NITA expects that a draft of the new Executive Order on price control methods, including LRAIC will be made publicly available in the beginning of March The new Executive Order and a new Act on Electronic Communication Networks and Services will come into effect no later than 25th of May NITA will inform the prequalified tenderers as soon as a public available draft of the new executive order is available SMP providers The reason underlying the present price regulation is that TDC, Telenor, Telia, and Hi3G under administrative decisions in the wholesale market for voice terminating traffic in these companies' individual mobile networks has been designated having significant market power, and as a result has been subjected to an obligation, under section 51(3), no. 5, cf. section 51f, of the Telecommunications Act to meet a requirement for price control. 5 Furthermore, NITA s draft 2010 market analysis in the wholesale sms termination market found that TDC, Telenor, Telia and Hi3G all had significant market power in their respective sms termination markets. NITA expects to issue a final market decision in Staff allocated by NITA 4 Directive 2009/140/EC (Better Regulation Directive) 5 Market decisions (in Danish) can be found at 6 Market analysis can be found here (in Danish): 12

13 > Within NITA, the task of revising the LRAIC pricing method for the mobile network for determining interconnection prices in Denmark has been anchored in the Market Division. NITA will appoint a staff member to act as project manager. Furthermore, it will be possible to draw on staff resources with economic, technical and legal competencies at relevant points in the process. In the tender it must be indicated to what extent NITA is to participate in the various parts of the process and how transfer of competencies can be ensured Project management NITA will be in charge of the overall project management and will contribute staff resources in accordance with the time schedule. The selected tenderer is to assist NITA in project management and project planning Indicative time schedule, division of responsibilities, delivery dates The modelling process is expected to be launched directly after the date on which the parties sign the contract, and is then mainly intended to be carried out up to and including 2nd quarter of It is NITA's intention that the entire process of developing and implementing the LRAIC model for the mobile network should be completed by the end of June 2012 at the latest. The time table below is indicative. Date May 2011 August October December February March 2012 Activity NITA to sign a contract with the consulting firm. Phase 1: Model specification Definition of model criteria to be completed. Phase 2: Modelling Data collection to be completed. Modelling completed and 1 st draft model to be submitted for consultation. Phase 3: Consultation Consultation of 1 st draft model completed. 2 nd draft model and draft pricing decision to be submitted for consultation. 15 April 2012 Consultation completed. Phase 4: Pricing 30 June 2012 Final model and pricing decision to be released (at the latest). The process is expected to be divided into the following four phases: 1) Model specification phase, when NITA will issue a draft model reference paper containing guidelines and principles for the LRAIC modelling. The paper will 13

14 deal with cost concepts, relevant types of traffic, principles of cost allocation, etc. The paper will be circulated for wide consultation with the industry. This phase is to be completed not later than four months after conclusion of the contract. 2) Modelling phase, when NITA. Meeting activities will take place at NITA. During this phase, the selected tenderer will be in charge of model programming work, while the telecommunications companies are expected to contribute input of a technical and economic nature. This phase is to be completed not later than seven and a half months after conclusion of the contract. 3) During the consultation phase, the draft model and the draft pricing decision will be circulated for wide consultation within the industry. This phase is to be completed not later than eleven and a half months after conclusion of the contract. 4) During the pricing phase, the draft model is adjusted and on the basis of the final model NITA will make a decision about maximum prices according to the LRAIC methodology. This phase is to be completed not later than 14 months after conclusion of the contract. Time is a critical factor, and after the contract has been signed with the selected tenderer, a detailed draft time schedule must be presented by the selected tenderer within two weeks, describing the various parts of the process. This time schedule is to be prepared in cooperation with NITA. In the tender it must be described how the selected tenderer will be able to assure the various delivery dates within the framework of the outlined process Documentation All documentation prepared in connection with the task, both publicly available material and working documents must be in Danish or English Presence in Copenhagen The selected tenderer is expected to be present in Copenhagen to the extent necessary for the completion of the various parts of the project. It is NITA's assessment that presence in Copenhagen will be necessary for up to 40 working days Other requirements The tenderer must use quality enhancing routines ensuring that the project can be completed within the specified timescale and at a satisfactory quality. The routines are to serve as tools for the selected tenderer as well as NITA, ensuring transparency about the progress made (achievement of the specified objectives) and the quality of the work. 14

15 > On one hand, the process will require confidentiality with regard to companyspecific information. On the other, the regulatory basis implies, as a significant criterion, that the entire process should be transparent and well-documented. It is therefore expected that the tenderer can argue convincingly for its ability to meet these considerations. NITA will have copyright in respect of all material produced and created in connection with the solution of the task, including all data material underlying the analyses performed. NITA intends to contract with one consulting firm. Irrespective of whether the selected consulting firm is using one or more subcontractors in connection with the project, the selected firm will have sole responsibility towards NITA for performance of the task. To ensure continuity in the work, the selected consulting firm must avoid replacement of consultants to the greatest possible extent during the project. However, subject to agreement with NITA, the consulting firm may involve other consultants in the project. NITA is entitled to reject a new consultant if this consultant is not deemed to have professional qualifications at a level similar to the consultant being replaced. 15

16 3. Requirements regarding the structure and content of the tender 3.1. Structure of tender The tender shall be structured in accordance with the outline given below. Other points may be added if necessary: 1. Executive summary (not exceeding 3 pages) 2. Proposal for solving the task 3. Experience of the consultants assigned to the project 4. Reliability of delivery 5. Price 6. Compliance with tender documents 7. Other aspects Further details regarding these points are given in the sections below Proposal for solving the task In the tender, the tenderer shall describe how the task will be solved, including project management, documentation, time schedules and main principles for the work. The tenderer shall also indicate a plan for obtaining data and involving market participants. A brief description should be given of how the tenderer intends to solve the task. As a minimum, the proposal shall contain the following elements: > A time schedule for completing the consulting firm's tasks, indicating delivery dates for individual subtasks. > A project plan describing methods for quality assurance of the provisional results. > A description of how interaction between NITA and the telecommunications companies may be handled, taking account of the interests of the various market players. > An outline of how interaction may be arranged NITA as client and the consulting firm with regard to the principal tasks mentioned under section 2.1. > A description of the extent of flexibility in the process around solution of the task. > The tenderer shall take account of how, and to what extent, NITA is to be involved in the various parts of the work. The plan shall contain a description of how the necessary competencies are to be transferred to NITA in the individual phases of the project. > The tender shall contain a plan on how NITA may obtain the sufficient competencies to gain an overall understanding of the model, and competencies to undertake the annual updating of the model. > The tender shall include copies of certificates or other descriptions of the quality assurance routines applied by the tenderer. It must appear from the 16

17 > description in what way the quality is assured in the various parts of the project Experience of the consultants The tender shall also describe which consultants the tenderer will use for the project, the roles of the consultants in the project, and the expected time to be spent by each consultant in the individual parts of the project. Information should also be given about the educational and professional qualifications of the staff members of the company who are expected to be responsible for carrying out the task, including their knowledge of economic and technical aspects in relation to LRAIC mobile modelling Reliability of delivery A description should be given of how the tenderer will be able to contribute to ensuring that the process can be implemented according to the agreed time schedule. Furthermore, a description should be given of how the tenderer will ensure sufficient knowledge sharing between the project participants, thus avoiding bottlenecks in the solution of the task. Information should be given as to how the tenderer will ensure confidentiality in relation to completion of the task Price The tender shall state the overall price in DKK excluding value added tax (VAT) for the entire task, i.e. including all cost elements expected to be paid for by NITA. The total price should be quoted as a firm maximum price. The tenderer should note that the total price is not allowed to exceed DKK 3,000,000, excluding value added tax (VAT). The price should be specified for each identifiable subtask. The total time and price per person with the staff allocation proposed by the tenderer for the project shall be specified. Furthermore, the price for costs incidental to the presence in Copenhagen (transportation, accommodation, etc.) shall be stated explicitly. Payment must be made phase by phase, within the framework of the total price. As soon as the phases listed in the time schedule have been solved satisfactorily, the percentages of the total amount specified below will be paid: > Phase 1: 20 per cent 17

18 > Phase 2: 30 per cent > Phase 3: 30 per cent > Phase 4: 20 per cent Invoices shall be sent electronically to NITA and be endorsed: EAN , requisition number, and contact person: Frederik Rygaard Compliance with tender documents In the tender, the tenderer shall confirm that the terms of the present tender documents are accepted Other aspects The tenderer shall be independent of market interests. If there are relations to market players, this shall be stated, with a description of how it can be ensured that there will be no conflict of interests. NITA has copyright in respect of all material prepared in connection with the project. If the tenderer wants to have copyright in certain parts of its work, this shall be stated explicitly, with a specification of the documents etc. affected by this reservation. With regard to the general contract terms, these will be based on NITA's draft contract, cf. Annex 1. A description should be given of the terms expected to be used as a basis for solving the task, and a draft framework agreement should be included. 18

19 4. Criteria for evaluating the tender > 4.1. EU tender The method applied in selecting the consulting firm will be restricted procedures and will be implemented according to Chapters V and VI of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 (Public Procurement Directive) Prequalification phase The present invitation to tender was announced by a contract notice in the Official Journal of the EU, in the TED database dated 23 December 2010, see Annex 2, where interested consulting firms were invited to indicate their interest in submitting tenders. The requirements for participating in the tender are described in the contract notice. In the Contract Notice it is stated that a maximum of five tenderers will be invited to tender for the contract. 4 consultancies have fulfilled the requirements and can participate in the tender Tendering phase NITA will choose the most economically advantageous tender, based on an overall evaluation of tenders received, using the following evaluation criteria: 1. The total price for the tender (30 per cent) 2. The quality in solving the task (30 per cent) 3. Experience with similar tasks among the associated consultants (30 per cent) 4. Reliability of delivery (10 per cent) The sub criterias under each evaluation criteria are equally weighted. Re 1) The sub criterion total price for the tender should be understood as the contracting authority's evaluation of the tenderers' total price for the tender. Re 2) The sub criterion quality in solving the task should be understood as the contracting authority's evaluation of the tenderers': Proposal for solution of the task. Compliance with NITA's standard contract for agreements with external consultants. Quality assurance and model for transfer of competencies. Re 3) The sub criterion experience with similar tasks among the associated consultants should be understood as the contracting authority's evaluation of the tenderers': Experience possessed by the associated project manager, to be evaluated on the basis of the person's CV and cooperation skills. 19

20 Experience possessed by the individual consultants associated with the four phases of the project. The planned staff allocation to the four phases of the project. Re 4) The sub criterion reliability of delivery should be understood as the contracting authority's evaluation of the tenderers': Capacity in the form of staff. Ability to enlarge and reduce capacity. Time schedule in relation to the allocated resources. 20

21 5. General conditions for implementing the tendering process > 5.1. General requirements The tender shall be submitted in the form of a detailed tender complying with the requirements specified in the tender documents. The tender shall be structured in accordance with the outline given in chapter 3. The tender shall not exceed 25 standard pages, to which should be added any annexes Submission of tender Tenders and information material can be submitted in an electronic version only, cf. section Language The tender shall be written in Danish, English or a combination thereof Expenses All expenses arising in connection with the preparation and submission of the tender as well as any subsequent enquiries and negotiations shall be no concern of NITA Questions Any questions for clarification of the tender documents shall be made in writing and be addressed to NITA, Market Division. Questions regarding the tender documents may be asked in writing or by to Morten Møller Johnsen (mmjo@itst.dk) and to the Market Division's unit mailbox (mk@itst.dk). Provided that requests have been made not later than Monday 14 March 2011 at 9.00 hours local time, additional information on the tender documents will be given in writing not later than four days before expiry of the time limit set for receipt of tenders. All questions and answers will be distributed to all consulting firms that have been prequalified. In this connection, the individual tenderer should state the addresses, including addresses, to which supplementary information is desired to be sent. Supplementary information given to a tenderer will also be published on NITA's website ( Entry into force The contract will enter into force as soon as it has been signed by both parties. 21

22 5.7. Delivery of tender The tender shall be sent in an electronic version to Market Division of NITA In addition, the tender shall be sent to the following persons: Frederik Rygaard: Morten Møller Johnsen: 5.8. Deadlines Tenders shall be delivered to NITA at the above address not later than Friday 18 March 2011 at hours local time. NITA will exclude tenders received after this time limit. Neither the public nor the tenderers will have access to attend the opening of tenders. The tender shall be binding for two months from that date Other aspects In case NITA's final decisions on maximum prices according to the LRAIC method (made on the basis of the modified method) is appealed to the Telecommunications Complaints Board, NITA reserves the right to ask for assistance from the selected consulting firm in connection with the complaint case, subject to separate payment. It should be noted that the time limit for appealing the decision of NITA is four weeks from the day on which the decision was made. 22

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24 6. Appendixes Annex 1: Annex 2: Draft contract including Annexes. Contract Notice as published in the Official Journal of the EU. 24

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26 <