Tender specifications for open procedure for framework agreement on road transport of round wood

Transcription

1 for open procedure for framework agreement on road transport of round wood Procurement Notice No. /S -"[tal]" "[tal]" "[tal]" "[tal]" Page 1/18

2 Table of contents 1. THE CONTRACTING AUTHORITY LEGAL FRAMEWORK PREPARATION OF THE TENDER The tender documents Guidelines for preparation of tenders Introduction The European Single Procurement Document (ESPD) Contents and outline of the tender Alternative tenders Personal aspects Requirements for financial and technical capacity Reservations and minimum requirements Outline and completion of the tender documents Confidentiality Prohibition against negotiation Formal requirements to the tender Deadline for submission of tenders Delivery Language Period of validity Briefing meeting Written questions ASSESSMENT OF TENDERS BY THE CONTRACTING AUTHORITY Opening tenders Formal errors or omissions in the tender and clarifying questions Personal situation of the tenderers The financial and technical capacity of the tenderers Assessment of reservations Criteria for assessment of tenders Evaluation model Verification of information in the ESPD ESTABLISHMENT OF THE FRAMEWORK AGREEMENT CHECK LIST LIST OF DEADLINES IN THE TENDER Page 2/18

3 1. THE CONTRACTING AUTHORITY Danish Nature Agency Gjøddinggård, Førstballevej 2, 7183 Randbøl, Denmark Contact person: Dennis Robertson, Head of tendering procedure address: 2. LEGAL FRAMEWORK This tendering procedure is an open procedure according to the rules laid down in the Danish Public Procurement Act. This tendering procedure consists of one tendering phase: This tendering phase covers the following stages and milestones: 1) Preparation of tender - the tenderer commences preparation of the tender on the basis of the tender documents, and this is concluded by submitting a tender before expiry of the deadline for submission of tenders, see section During this period, the tenderer has the option to participate in a briefing meeting, see section ) Personal situation of the tenderer - after opening up the tenders, the contracting authority first assesses whether the tenderer has forwarded the European Single Procurement Document (ESPD), as well as whether the document includes aspects which may lead to the tenderer being excluded from participating in the tendering procedure. 3) Technical and financial capacity of the tenderer - the contracting authority then assesses whether the tenderer is required to document compliance with the requirements for financial and technical capacity set out in section ) Assessment of tenders - the contracting authority then begins assessing the tenders in accordance with the award criteria stated in section 4.6. Prior to the contracting authority s decision to enter into a framework agreement, the contracting authority requires the tenderer with which the contracting authority intends to enter into the framework agreement to present documentation for the information stated in the ESPD. 5) Establishment of the framework agreement - the contracting authority makes a decision on establishment the framework agreement, and this is accompanied by notification of all tenderers about the decision. The framework agreement is considered established when it has been signed. The framework agreement will not be signed until after expiry of a standstill period. After the framework agreement has been signed, the contracting authority announces a contract award notice for publication on TED, and the tendering procedure is concluded. The descriptions below review the stages and milestones mentioned in the tendering phase. Page 3/18

4 3. PREPARATION OF THE TENDER 3.1 The tender documents The contracting authority has prepared tender documents for use by tenderers in preparing their tenders. The tender documents are available in English and Danish. he English version is solely for information for the suppliers/tenderers. In the event of any inconsistencies between the Danish and the English version, the Danish language version shall always prevail. The tender documents comprise the following: These tender specifications, which primarily comprise guidelines for preparing tenders, requirements for the capacity of tenderers, criteria for assessment of tenders and information regarding the establishment of the framework agreement. Annexes to these tender specifications: o Annex 1: o Annex 2: o Annex 3: o Annex 4: A specimen tender letter, which the tenderer may use when submitting the tender. The European Single Procurement Document (ESPD). Declaration of support stating that the tenderer can rely on a subcontractor s financial and technical capacity. List of tenders, stating maximum prices. Draft framework agreement that includes all provisions that regulate the relationship between the parties to the framework agreement during the term of the framework agreement. The framework agreement stipulates the terms of any framework contracts entered into on the basis of a mini tendering procedure. Tenderers who qualify for the framework agreement are invited to submit tenders for framework contracts in accordance with the sub-agreement under which the tenderer has qualified for the work. However, they are in no way guaranteed work or any form of minimum turnover. Draft specification of requirements, annex 1 to the framework agreement, that includes detailed technical requirements for the services under tender. 3.2 Guidelines for preparation of tenders Introduction It is recommended that the tenderer thoroughly study the tender specifications before starting to prepare the tender. The tenderer should note that it is exclusively the responsibility of the tenderer that a tender is complete and in compliance with the guidelines set in the tender specifications. Page 4/18

5 The following paragraphs explain how the tenderer should draw up a tender (section 3.2.2) as well as the formal requirements applicable for the tender (section 3.3) The European Single Procurement Document (ESPD) The European Single Procurement Document (ESPD) is a preliminary certificate for the conditions mentioned in section 148(1), nos. 1-3 of the Danish Public Procurement Act. All sections of the ESPD must be completed, cf. more detailed descriptions below. A tenderer participating alone and which is not relying on the capacity of other entities to fulfil the selection criteria should only complete one ESPD. If the tenderer relies on the capacity of others, this must be stated in part II, section C of the ESPD. The other unit(s) must each complete a separate ESPD with the information required. If the tenderer is part of a temporary association of enterprises, such as a consortium, this must be stated in part II, section A of the ESPD and each of the participating economic operators must complete a separate ESPD with the information required. The European Single Procurement Document (ESPD) is enclosed as annex 2. The document can only be opened and filled in on the European Commission website at First, the tenderer can choose the preferred interface language. Under the tab Start, choose I am an economic operator, and then choose Import ESPD under the heading What would you like to do? The website provides guidance for tenderers on to how to open the ESPD document (annex 2), fill it in and finally how to print it or save it as document on the tenderer s own computer. Prior to a decision regarding award of the framework agreement, documentation for the information submitted in the ESPD must be presented to the contracting authority within an appropriate deadline, see sections 151 and 152 of the Danish Public Procurement Act. The contracting authority will put forward a request for this documentation. Moreover, the contracting authority reserves the right to request that the tenderer presents documentation at any time in the tendering procedure, if this is deemed necessary, in order to ensure that the procedure is being completed correctly Contents and outline of the tender Alternative tenders In accordance with the procurement notice, the tenderer may not submit an alternative tender. The tenderer may only submit one tender Personal aspects The tenderer must complete part II (information about the economic operator) and part III (exclusion criteria) of the ESPD, see Annex 2. Page 5/18

6 Requirements for financial and technical capacity The tenderer must fill in and enclose part IV (selection criteria) of the ESPD as preliminary evidence that the tenderer meets the requirements listed regarding suitability. In part IV, the tenderer only needs to fill in section a (global indication for all selection criteria). A. Financial capacity Prior to the contracting authority s decision to enter into a framework agreement, the contracting authority requires the tenderers with which the contracting authority intends to enter into the framework agreement to present the following: Audited declaration or annual report that documents the tenderer s average annual net turnover for each of the past three financial years. A minimum requirement for sub-contract 1 (Zealand) and sub-contract 2 (Jutland and Funen) is an annual net turnover of DKK 1,000,000, calculated as an average for the three most recent financial years available. For sub-contract 3 (Bornholm) an annual net turnover of DKK 500,000 is required, also calculated as an average for the three most recent financial years available. In the event that the tenderer relies on the capability of other entities (e.g. enterprises), turnover is calculated as the tenderer s and these other entities combined average annual turnover for the past three financial years available. In the event that the tenderer is an association of enterprises (e.g. a consortium), turnover is calculated as the enterprises combined average annual turnover for the past three financial years available. Where a tenderer has a valid reason, e.g. that the tenderer is a new player in the field, as to why it cannot submit the required documentation, the tenderer must have its economic and financial capacity demonstrated in some other way, by submitting suitable documents. In this case, the tenderer must indicate the circumstances cited as valid grounds for not submitting the requested materials. B. Technical capacity Prior to the contracting authority s decision to enter into a framework agreement, the contracting authority requires the tenderers with which the contracting authority intends to enter into the framework agreement to present the following: A list of the most important works similar to the services included in the framework agreement put out to tender. These works must have been delivered with the past three years, starting from the date of the announcement of the current framework agreement. There is a minimum requirement of documentation of at least one similar reference. A maximum of five references may be submitted. Similar references means not insignificant in terms of value or amount transport of products similar to the tender, i.e. transport of round wood, wood chips or similar products from forests. Tenderers with documented experience in transport in/from forest areas are preferred. Page 6/18

7 The list of references must include the following information: Recipient - brief description of the project and its relevance to the tendered project contact person at the enterprise or public institution for which the project was carried out contract period value of contract and/or the volume transported. The contracting authority reserves the right to contact the specified references to confirm the contents of the references given. A list of the machines available to the tenderer with regard to completing the framework agreement, including number of tractor units, number of trailers and number of long timber trailers or similar suitable equipment. Information regarding whether the tenderer intends to sub-contract parts of the agreement to a third party, and if so, the names, telephone numbers, addresses and legal representatives of the suggested subcontractors and the share of the contract to be subcontracted must be stated. For an association of enterprises (e.g. a consortium), each of the enterprises in the consortium must provide the required information. An association of enterprises as a whole must be able to meet the minimum requirement for references. Where a tenderer has a valid reason, e.g. that the tenderer is a new player in the field, as to why it cannot submit the required documentation, the tenderer must have its technical capacity demonstrated in some other way, by submitting suitable documents. In this case, the tenderer must indicate the circumstances cited as valid grounds for not submitting the requested materials. C. Declaration of support The tenderer may rely on the economic and financial and/or technical capacity of other entities (e.g. other enterprises) regardless of the legal nature of the connections between the tenderer and the entities on which the tenderer relies. The tenderer must then prove that the tenderer has at its disposal the resources necessary to fulfil the framework agreement, e.g. by providing a declaration of support or other similar documentation of the legal commitment from these entities to make the required resources available in the period of the framework agreement. Moreover, the entity(ies) on which the tenderer relies must submit their own versions of the ESPD. If they fail to do so, the contracting authority will not be able to assess the financial and/or technical capacity of the other entities. The contracting authority has prepared a template for the declaration to be filled in and enclosed with the ESPD. The template can be found in annex 3 to the tender documents and is called declaration of support Reservations and minimum requirements Within the frameworks given below, the tenderer may make reservations on the parts of the tender documents that are not fundamental elements of the tender documents or minimum requirements. Page 7/18

8 If the tenderer makes reservations to the tender documents, the tenderer is requested to specify the consequences of such reservations in the tender letter, and the specific provisions or wordings of requirements the tenderer wishes to replace. Reservations may not be made to the fundamental elements in the tender documents and minimum requirements. A reservation to a fundamental element in the tender documents means a reservation which may lead to significant distortion of competition if the reservation were allowed. Several reservations to non-fundamental elements in the tender documents may together lead to the reservations being considered fundamental. A minimum requirement means an absolute requirement which must be complied with, as deviations from the requirement are unacceptable. The tender documents specify which requirements are minimum requirements, see section Tenders with reservations to the fundamental elements of the tender documents or minimum requirements will be rejected on the grounds of being noncompliant Outline and completion of the tender documents When preparing the tender, the tenderer is requested to follow the outline and guidelines attached as sections A-E immediately below. If the tenderer chooses to deviate from the outline/guidelines, the tenderer should pay particular attention to verifying that the tender includes all the information required. A. Tender letter The tenderer is requested to use the template for the tender letter, see annex 1. The tender letter should be completed in accordance with the guidelines provided in the letter. The tender letter should include: Clear statement of what enterprise or association of enterprises is submitting the tender, with information on contact person, addresses as well as telephone numbers to which the contracting authority can refer in connection with the tendering procedure. If the tenderer is an association of enterprises or a consortium, the name of the joint authorised representative with whom the contracting authority can enter into a binding agreement must be stated, as well as names and addresses, countries, business registration nos. (CVR nos.), addresses and websites of the individual members of the consortium. Any reservations. Please note that reservations may lead to rejection of the tender, see section Statement of the parts of the tender which should, to the extent possible, be treated confidentially and be exempt from rules on access to documents, see section Page 8/18

9 The tenderer can include any other relevant information in the tender letter that does not fall under A above or B-E below. B. The European Single Procurement Document The tenderer must complete and enclose the European Single Procurement Document (ESPD) (annex 2) as preliminary evidence for the conditions mentioned in section 148(1), nos. 1-4 of the Danish Public Procurement Act. C. Draft Framework Agreement The contracting authority has prepared a draft framework agreement. In its entirety, the framework agreement is minimum requirements. This means that no reservations can be made on the framework agreement, see section The tenderer should not complete or finish the framework agreement and it should not be enclosed with the tender. D. Draft specification of requirements The contracting authority has prepared a draft specification of requirements. The specification of requirements as a whole is minimum requirements. This means that it is not possible to have reservations against the specification of requirements, see point The tenderer should not complete the specification of requirements not enclose it with the tender. E. List of tenders The tenderer must fill in the list of tenders, see annex 4 (tender maximum prices). The contracting authority has put out to tender the following three sub-agreements: Sub-agreement 1: Transport on Zealand. Sub-agreement 2: Transport in Jutland and on Funen. Sub-agreement 3: Transport on Bornholm. The tenderer must state a maximum price per cubic metre solid volume (in the following CSV) round wood for all of the distance zones listed in the list of tenders for the three subagreement(s) for which the tenderer intends to put in a bid. A minimum requirement is that a price is stated for all of the distance zones in the sub-agreement(s) tendered for. The distance zones are divided into 10 km intervals and the number of zones in the individual subagreement has been adjusted to the area in which the transport is to take place. In the tender form, each distance zone is weighted by the weight in per cent that the contracting authority estimates to be the most probable when executing the framework agreement. The weighting may differ in the specific mini tendering procedures as the specific scope of anticipated transport forms the basis of each mini tendering procedure. The prices stated are maximum prices in the sense that the tenderer may not raise prices in a subsequent mini tendering procedure in comparison with the prices stated in the framework agreement for this tender. The prices stated here only apply to transport within Denmark. Prices for transport outside of Danish borders are not subject to this price limit. Transport Page 9/18

10 outside of Danish borders is anticipated to constitute less than 10% of the total transport, however this figure depends on the market opportunities and may therefore in fact be bigger. The tenderer must complete the following annexes: Annex 1 (tender letter), annex 2 (the European Single Procurement Document) and annex 4 (list of tenders), as well as, if relevant in accordance with section C, annex 3 (declaration of support). On completing the annexes, the tenderer must, if possible, use wording suitable to describe legal obligations, and not wording such as "this could be that...", "it might also be possible to..." or "typically this is used...", "we have often had success with...", "one could also imagine that..." or "this might be solved by...". If the tenderer is unsure about completion of the annexes, or in the event of uncertainty as to whether any reservation from the tenderer s part will lead to rejection of the tender, the tenderer should submit written queries, see section 3.5. Furthermore, the tenderer is invited to submit written queries, see section 3.5, if the tenderer considers elements in the framework agreement to be unacceptable or clearly inappropriate. In such situations, the tenderer is requested to clearly specify suggestions for alternative wording. On the basis of queries received, the contracting authority will assess whether the suggested changes to the tender documents are to be incorporated. In any event, changes will not be made if these are considered significant changes in the initial tender documents, or if the changes may cause a risk of distortion of competition or differential treatment. Any changes will be communicated to all tenderers at the same time, after which tenderers will submit their tender on equal terms Confidentiality When preparing a tender, the tenderer should note that documents in the contracting authority s tender, including tenders received, could be covered by regulations on public access within the public administration. This means that competitors etc. may request access to documents in tenders submitted. Requests for access to documents from other enterprises participating in the tendering procedure will be handled by the contracting authority in accordance with the practice of the Complaints Board for Tenders and depending on the circumstances. Assessment of this will, however, among other things consider whether the enterprise submitting a tender has asked for parts of the tender to be treated confidentially and has indicated to which information/elements within the tender such a request for confidentiality applies. In the event that the tender includes information or elements that, due to business considerations, the tenderer wishes to be exempt from the right to access to documentation tenderer should state this in the tender. However, irrespective of the request for confidentiality, the contracting authority is entitled and obliged to provide access to the extent required by law. Page 10/18

11 3.2.4 Prohibition against negotiation When preparing the tender, the tenderer should be aware that the contracting authority will not be able to negotiate with tenderers in respect of the tenders submitted. 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 framework agreement in question can, in principle, be entered into without any prior discussions between the tenderer and the contracting authority. It is therefore of greatest importance that tenders are complete and address all relevant aspects, contain all the necessary information, and are clear and precise in every sense. 3.3 Formal requirements to the tender Deadline for submission of tenders The deadline for submission of tenders is Monday, 8 August 2016, 14:00 Danish time. It is particularly important that the tenderer meets this deadline, as tenders received after this time will not be considered. The tenderer should therefore allow for sufficient time to submit the tender before the deadline Delivery Tenders should be submitted to: Naturstyrelsen, Driftscentret Førstballevej Randbøl Tenders may not be submitted electronically and no other mode of submission will be accepted. Tenders should be labelled: Tilbud på landevejstransport af rundtræ and state clear Må ikke åbnes i postmodtagelsen. Tenders should be submitted as one paper copy of the entire tender material. The tender should include: the tender letter (see section A and annex 1), the European Single Procurement Document (ESPD) (see section , and annex 2), list of tenders (see section E and annex 4) and, if relevant, Page 11/18

12 declaration of support (if relevant) (see section c and annex 3). The tender is thus not required to include the framework agreement or the specification of requirements, see section C and D, as these are considered to be accepted by the tenderer Language The tenders should be submitted in Danish or English Period of validity Tenderers are bound by their tenders for three months after the deadline for submission of tenders. 3.4 Briefing meeting The contracting authority invites all interested tenderers to a briefing meeting about the tendering procedure. This meeting will be held on Thursday, 23 June 2006, at 13:30-15:30, at Søballegaard Naturskole, Tørskindvej 93, 7183 Randbøl, Denmark. At the meeting the contracting authority will explain the background for the tender as well as the objective of the framework agreement put out to tender. The contracting authority will also provide a more general briefing regarding the structure of the tender documents as well as the European Single Procurement Document, and will explain to the tenderers how to use the tender documents. To facilitate practical planning for the meeting, tenderers are asked to inform the contracting authority by 21 June by to tcw@nst.dk whether they will be attending the meeting and how big their party is expected to be. The contracting authority reserves the right to set a limit regarding the number of representatives from each tenderer. Interested parties are encouraged to participate in the briefing meeting, however participation is not required in order to submit a tender. Tenderers can ask questions at the briefing meeting. In the event that the contracting authority assesses that a question cannot be answered at the meeting, including if the contracting authority assesses that it cannot answer the question immediately, the contracting authority can ask the tenderer to submit the question in writing. The contracting authority will make a brief version of the minutes available to all the tenderers following the meeting. 3.5 Written questions The tenderer may submit written questions regarding the tender documents. The tenderer should note that it is exclusively the responsibility of the tenderer that the tender is complete and in compliance with the guidelines set in the tender documents. Therefore the tenderer should use the opportunity to ask questions. Page 12/18

13 Questions must be in either Danish or English and must be made to the head of the tendering procedure, Dennis Robertson at Written questions submitted by tenderers, and the contracting authority s answers will be anonymised and made public on the contracting authority s website at All questions received by no later than Sunday 3 July 2016 will be answered if possible. Questions received later than this date will only be answered if the contracting authority does not assess this to be disproportionally burdensome and if the answer can be issued by 1 August ASSESSMENT OF TENDERS BY THE CONTRACTING AUTHORITY 4.1 Opening tenders Tenderers are not authorised to be present at the opening of tenders. 4.2 Formal errors or omissions in the tender and clarifying questions After opening the tenders, as a first step the contracting authority will assess whether the tenders comply with the formal requirements in the tender documents. The contracting authority reserves the right to use the method set out in section 159(5) and (6) of the Danish Public Procurement Act, concerning additional information or clarification of the tender, if applications do not comply with the formal requirements in the tender documents. Regardless of whether the word shall is used in the tender documents, the contracting authority also reserves the right to collect further information within the frameworks corresponding to section 159 of the Danish Public Procurement Act. However, the contracting authority is not obliged to collect further information or documentation from tenderers. Finally, the contracting authority reserves the right to clarify any uncertainties in the tenders within the frameworks of the tendering regulations applicable. 4.3 Personal situation of the tenderers The contracting authority will assess whether the ESPD includes information about aspects which may lead to a tenderer being excluded from participating in the tendering procedure. The contracting authority can ask the tenderer to document information in the ESPD. The contracting authority must exclude the tenderer from the tendering procedure if the tenderer is covered by the compulsory grounds for exclusion stipulated in sections 135 and 136 of the Public Procurement Act. Note in this connection that some of the voluntary grounds for exclusion in the EU Tendering Directive are compulsory under the Danish Public Procurement Act. Page 13/18

14 In addition, the contracting authority will exclude a tenderer from the tendering procedure if the tenderer is covered by the voluntary grounds for exclusion in section 137(1), no. 2 of the Public Procurement Act, if the tenderer s business has been declared bankrupt or is the subject of insolvency or winding up proceedings, if the assets of the tenderer are managed by a trustee or by the court, if the tenderer is subject to compulsory composition proceedings, if the tenderer's business activities have been discontinued or if the tenderer is in a similar situation in accordance with a corresponding procedure laid down in national legislation where the tenderer is domiciled. The tenderer must include information regarding these matters in the ESPD, see the Danish Competition and Consumer Authority s guidelines on how to complete this document at As documentation of not being subject to the exclusion grounds in section 135(1) or 135(3), and section 137(1), no. 2, of the Public Procurement Act, the tenderer may submit 1) an extract from the relevant register or corresponding document issued by a competent legal or administrative authority which shows that the tenderer is not covered by the grounds for exclusions in section 135(1), and 2) a certificate issued by the competent authority in the relevant country as proof that the tenderer is not covered by the grounds for exclusion mentioned in section 135(3) and section 137(1), no. 2. For Danish tenderers, this documentation may be obtained in the form of an official certificate (serviceattest) from the Danish Business Authority. If the country in question does not issue such a certificate, it may be replaced by a statement under oath or a solemn declaration in accordance with section 153(2) of the Public Procurement Act. The contracting authority may not exclude the tenderer if the tenderer has provided sufficient documentation that the tenderer is reliable in accordance with section 138 of the Public Procurement Act. 4.4 The financial and technical capacity of the tenderers Subsequently, the contracting authority will assess whether the ESPD contains the information required about financial and technical capacity as well as whether the tenderer complies with the minimum requirements stipulated in section The contracting authority may ask the tenderer to document information in the ESPD. The assessment of the tenderer's financial and technical capacity concerns the tenderer's suitability to fulfil the framework agreement. If the tenderer does not comply with the requirements stipulated in section on financial and technical capacity, the tenderer will be rejected and the contracting authority will not carry out an assessment of the tenderer's tender. If the tenderer complies with the minimum requirements stated in section , the contracting entity will assess the tender, as specified below in sections 4.5 and 4.6. Page 14/18

15 4.5 Assessment of reservations The contracting authority will then assess whether the tenders include reservations to fundamental elements of the tender documents or minimum requirements, see section that lead to tenders being rejected on the grounds of being non-compliant. 4.6 Criteria for assessment of tenders The contracting authority will then assess the tenders on the basis of the award criteria price. 4.7 Evaluation model The price should be calculated as follows: The maximum prices tendered will be multiplied by the weightings listed in the list of tenders, see annex 4. Subsequently the weighted price per CSV round wood for all distance zones for each subagreement will be calculated. The total weighted price for a sub-agreement is calculated as the sum of the weighted prices per CSV for each distance zone in the sub-agreement. This can be illustrated as follows: The following maximum prices for sub-agreement 3, Bornholm tilbydes følgende maksimalpriser: Distance zone (km) Weight (%) Price DKK/CSV Total weighted price will then be (see below) DKK 40.34: Distance zone (km) Weight (%) Price DKK/CSV Weighted price Sum The ten tenderers that have submitted the lowest total weighted price for sub-agreement 1, Zealand, and that have submitted an acceptable tender, will be accepted for the framework agreement under sub-agreement 1. Page 15/18

16 The ten tenderers that have submitted the lowest total weighted price for sub-agreement 2, Jutland and Funen, and that have submitted an acceptable tender, will be accepted for the framework agreement under sub-agreement 2. The five tenderers that have submitted the lowest total weighted price for sub-agreement 3, Bornholm, and that have submitted an acceptable tender, will be accepted for the framework agreement under sub-agreement Verification of information in the ESPD Prior to the contracting authority s decision to enter into a framework agreement, the contracting authority requires the tenderer with which the contracting authority intends to enter into the framework agreement to present documentation for the information stated in the ESPD, see section 159(2) of the Public Procurement Act. This documentation concerns the requirements stipulated in sections and regarding the personal situation of the tenderer as well as financial and technical capacity. 5. ESTABLISHMENT OF THE FRAMEWORK AGREEMENT When the contracting authority, see section 4.7, has assessed which tenderers have submitted the lowest weighted price on the basis of the criterion stated in section 4.6, the contracting authority will decide to whom it will award the framework agreement. The contracting authority will then notify all tenderers about its decision. Notification of tenderers that are not awarded a framework agreement will contain a brief account of the relevant grounds for the decision, including the relative advantages and disadvantages of the successful tender. It will also state when the stand-still period expires. The contracting authority is not obliged to award the framework agreement and reserves the right to cancel the tendering procedure. Regardless of whether the framework agreement is awarded to another tenderer, tenderers are bound by their tenders until the contracting authority has established the framework agreement, although for no longer than the period of validity, see section Notification of the award decision to the tenderers does not mean that the framework agreement has been concluded. The framework agreement is not considered established until it has been signed. The framework agreement cannot be signed until the expiry of the stand-still period. This period must be at least ten calendar days calculated from the day following the date when the contracting authority has submitted notification, if notification has been given electronically, and at least 15 calendar days calculated from the day following the date when the contracting authority has submitted notification, if notification has been given by letter. Page 16/18

17 Any costs of tenderers in connection with this tendering procedure are irrelevant to the contracting authority, including if the contracting authority should decide to cancel the tendering procedure without awarding the framework agreement. Before entering into a framework agreement, the suppliers intending to be part of the framework agreement must sign and submit a staffing plan (Annex K3) and a separate Declaration from the contract work holder (Annex K4). These annexes are enclosed with the tender documents for information and should be submitted with the tender. Documentation should also be submitted showing that the tenderer has or can obtain the relevant professional indemnity insurance for the framework agreement with an insurance sum of no less than DKK 5,000,000 for personal injury and property damage. The documentation must be in the form of either a copy of an insurance policy with an insurance certificate issued by the insurance company including the areas of coverage and the coverage amounts, or a pledge from a recognised insurance company. Any pledge must apply from the signing of the framework agreement. If the tenderer is an association of enterprises (e.g. a consortium), at least one of the association s members must provide documentation of compliance with the minimum requirements, see above, or the association must provide documentation that it can provide the required insurance cover from the signing of the framework agreement. After the framework agreement has been signed, the contracting authority will announce a contract award notice for publication on TED. The tendering procedure will then be closed. 6. CHECK LIST The contracting authority has prepared the checklist below to assist tenderers in ensuring that their tender is complete. The checklist includes situations which, based on experience, are often overlooked by tenderers. The tenderer should note that it is exclusively the responsibility of the tenderer that the tender is in compliance with the guidelines set in the tender specifications. Requirement Tender letter clearly stating which enterprise or association of enterprises has submitted the tender, any reservations by the tenderer, and the parts of the tender which should, to the extent possible, be treated confidentially and be exempt from statutory access to documents Reference Section , section A The European Single Procurement Document (ESPD) Sections and List of tenders Section , section E Page 17/18

18 Compliance with all minimum requirements Section Delivery of tender documents Section Prompt submission of the tender to comply with the deadline specified Section LIST OF DEADLINES IN THE TENDER Date, time Thursday 9 June Monday, 13 June 2016, 13:30-15:30 Sunday, 3 July 2016 Monday, 1 August 2016 Monday, 8 August 2016, 14:00 Danish time Week 36 (week commencing 5 September) 2016 Week 38 (week commencing 19 September) 2016 Activity Deadline for enrolment on briefing meeting. Briefing meeting Deadline for submitting questions relating to the tender documents Deadline for answering questions relating to the tender documents Deadline for submission of tenders Expected award of framework agreement Expected establishment of framework agreement Page 18/18