2 Procedure

2.1 Procedure

Titel: Tender regarding the installation, operation and maintenance, including support, of\n a global WAN solution

Beskrivelse: The Contract concerns the provision of it-services in the form of a global transmission\n network (the “Solution”) connecting the Danish Ministry of Foreign Affairs (the “Ministry(DMFA)”)\n and Danish embassies and other representations (the “Missions”) located in various\n countries (the “Locations”) with a central hub at the Customer in Copenhagen, Denmark.\n The Customer is the Danish Agency for Governmental IT Services (the ”Customer”) .\n In this capacity, the Customer provides the Solution to the Ministry, and the Supplier\n is a sub-Supplier to the Customer for this purpose. Under the terms of the Contract,\n the Supplier shall establish, operate and maintain the Solution and provide related\n auxiliary services. The Danish Ministry of Foreign Affairs (DMFA) comprises the Ministry\n in Copenhagen and a global network abroad of Embassies, Consulates-General and Trade\n Commissions. Denmark has 67 Embassies. An Embassy handles all aspects of Denmark’s\n ties with the host country and many Embassies cover several countries. The number\n and location of Embassies is reviewed and prioritized on an ongoing basis according\n to Denmark’s foreign policy interests. Denmark has Ambassadors in virtually every\n European country, in most large countries outside Europe, and in developing countries\n where we are partners in the country’s development. Denmark has 6 diplomatic missions\n at international organizations, for example at the EU in Brussels, at the UN in New\n York and Geneva, at NATO in Brussels, and at the Council of Europe in Strasbourg.\n Denmark has 17 Consulates-General and Trade Commissions. These provide first and foremost\n commercial services and are in areas where Denmark has significant commercial interests.\n We have, for example, Consulates-General in New York and Shanghai, and Trade Commission\n in Taipei. The Solution is used for administrative data traffic, including office\n and journal systems, electronic mail, intranet, internet, IT administration and collaboration\n services between the Missions and the Ministry. The Solution is an essential tool\n for the Ministry and its routines and working procedures, which require that all communication\n at all times is secret, secure, reliable and at high speed. The security requirements\n are continuously adjusted by the DMFA in accordance with the political and security\n related matters concerning Denmark. This includes the physical security and access\n control as well as the consideration for the high level of protection of data transmissions\n and information integrity, which might be important to Denmark’s image as a trustworthy\n international partner, and at worst national security. For more information about\n DMFA see https://um.dk/en and the Customer see https://statens-it.dk/english/.

Identifikator for proceduren: 93cfedb5-2dd0-4f30-a680-f092e535f9f3

Intern identifikator: 2024/52

Udbudsprocedure: Udbud med forhandling/indkaldelse af tilbud med forudgående offentliggørelse

Proceduren er en hasteprocedure: nej

2.1.1 Formål

Kontraktens art: Tjenesteydelser

Primær klassificering (cpv): 72000000 It-tjenester: rådgivning, programmeludvikling, internet og support

2.1.2 Udførelsessted

Hvor som helst

2.1.3 Værdi

Anslået værdi eksklusiv moms: 250.000.000 Dansk krone

2.1.4 Generelle oplysninger

Yderligere oplysninger: The mandatory exclusion grounds in Article 39(1) of the Defence and Security Directive\n and all the voluntary exclusion grounds in Article 39(2) and the specific Danish exclusion\n ground in Section 134a of the Danish Procurement Act, apply to this tender. The contracting\n authority notes that it is not technically possible to select the exclusion ground\n in Article 39(2)(e) in point 2.1.6 in the e-Formular. Therefore, the contracting authority\n specifies under this point that all voluntary exclusion grounds apply in this procurement\n proces, including Article 39(2)(e). Applicants must, in the request for application\n in the Prequalification Questionnaire, state whether they are subject to the above-mentioned\n exclusion grounds. The tender materials include a template in Annex A that shall be\n used. The PQQ is considered by the contracting authority to be the final documentation\n regarding the above mentioned exclusion grounds. However, the contracting authority\n is entitled to request additional documentation and conduct effective verification\n of the submitted documentation if the contracting authority deems it necessary for\n the proper conduct of the procurement procedure, hereunder reserves the right to obtain\n the documentation specified in Article 39(3) if necessary. An applicant or tenderer\n who is subject to an exclusion ground is excluded from participating in the procurement\n procedure. According Danish Act on screening of certain foreign direct investments\n (the Investment Screening Act), tenderers domiciled outside the EU or EFTA, or those\n under the control or significant influence as defined in the Act by an enterprise\n domiciled or a citizen from a country outside the EU or EFTA, must apply to the Danish\n Business Authority for permission to enter into a \"special economic agreement\" within\n a particularly sensitive sector or activity. The contracting authority assesses that\n entering into the contract MAY be subject to a permission requirement under certain\n circumstances. Therefore, the tenderer should clarify whether a potential agreement\n would be subject to such a requirement. For further information, see https://erhvervsstyrelsen.dk/aftaler-omfattet-af-investeringsscreeningsloven\n Furthermore, the contracting authority must also exclude economic operators who are\n subject to EU sanctions against Russia in accordance with EU Regulation No. 833/2014,\n as amended, Article 5k.

Retsgrundlag:

Direktiv 2009/81/EF

2.1.6 Grunde til udelukkelse

En situation, der svarer til konkurs i henhold til national ret: Is the economic operator in a situation equivalent to bankruptcy according to a similar\n procedure provided for in national law?

Konkurs: Has the economic operator gone bankrupt?

Korruption: Has the economic operator themselves or a person who belongs to the economic operator's\n management, administrative or supervisory body, or who has the authority to represent,\n control or make decisions on its behalf, been convicted by a final judgment of bribery\n in a judgment delivered within the last five years, or where an exclusion period set\n directly in the judgment continues to apply? As defined in Article 3 of the Convention\n on the Fight against Corruption, Involving Officials of the European Communities or\n Officials of the Member States of the European Union (OJ C 195, 25.6.1997, p. 1),\n and in Article 2(1) of Council Framework Decision 2003/568/JHA of 22 July 2003 on\n combating corruption in the private sector (OJ L 192, 31.7.2003, p. 54). This exclusion\n ground also covers bribery as defined in national law applicable to the contracting\n authority (the contracting entity) or the economic operator.

Tvangsakkord uden for konkurs: Is the economic operator subject to a composition with creditors outside of bankruptcy?

Deltagelse i en kriminel organisation: Has the economic operator themselves or a person who belongs to the economic operator's\n management, administrative or supervisory body, or who has the authority to represent,\n control or make decisions on its behalf, been convicted by a final judgment of participation\n in a criminal organization in a judgment delivered within the last five years, or\n where an exclusion period set directly in the judgment continues to apply? As defined\n in Article 2 of Council Framework Decision 2008/841/JHA of 24 October 2008 on the\n fight against organized crime (OJ L 300, 11.11.2008, p. 42).

Hvidvaskning af penge eller finansiering af terrorisme: Has the economic operator itself, or a person belonging to the economic operator's\n management, administrative or supervisory body, or having the authority to represent,\n control, or make decisions therein, been convicted by a final judgment for money laundering\n or terrorist financing in a judgment rendered within the last five years, or where\n an exclusion period set directly in the judgment continues to apply? As defined in\n Article 1 of Directive 2005/60/EC of the European Parliament and of the Council of\n 26 October 2005 on the prevention of the use of the financial system for the purpose\n of money laundering and terrorist financing (OJ L 309, 25.11.2005, p. 15).

Svig: Has the economic operator itself or a person belonging to the economic operator's\n management, administrative or supervisory body, or having the authority to represent,\n control, or make decisions therein, been convicted by a final judgment of fraud in\n a judgment rendered within the last five years, or where an exclusion period set directly\n in the judgment continues to apply? As referred to in Article 1 of the Convention\n on the protection of the European Communities' financial interests (OJ C 316, 27.11.1995,\n p. 48).

Insolvens: Is the economic operator undergoing insolvency or liquidation proceedings?

Aktiver, der administreres af en kurator: Are the economic operator's assets being administered by a trustee or by the court?

Har afgivet urigtige oplysninger eller tilbageholdt oplysninger, som ikke var i stand til at fremlægge de krævede dokumenter og indhentet fortrolige oplysninger i forbindelse med denne procedure: Has the economic operator been in any of the following situations: a) It has provided\n materially false information when providing the information required for verifying\n that there are no grounds for exclusion, or for verifying compliance with the selection\n criteria; b) It has withheld such information; c) It has been unable to immediately\n submit the supplementary documentation requested by a contracting authority or contracting\n entity; and d) It has negligently provided misleading information that may have a\n material impact on decisions concerning exclusion, selection, or award?

Rent nationale udelukkelsesgrunde: The Danish exclusion ground in Section 134a of the Danish Procurement Act: Is the\n economic operator established in a country that is listed on the EU list of non-cooperative\n tax jurisdictions and has not acceded to the WTO's Government Procurement Agreement\n or other trade agreements that oblige Denmark to open the public procurement market\n to tenderers established in that particular country?

Skyldig i alvorlige forsømmelser i forbindelse med udøvelsen af erhvervet: Has the economic operator, in the course of its business, been guilty of serious misconduct?\n If relevant, please refer to definitions in national law, the relevant notice, or\n the tender documents.

Betaling af socialsikringsbidrag: Has the economic operator failed to meet its obligations regarding the payment of\n contributions to social security schemes, both in the country where the economic operator\n is established and in the member state of the contracting authority or the contracting\n entity, if different from the country of establishment?

Erhvervsvirksomheden er indstillet: Has the economic operator's business activities been suspended?

Betaling af skatter og afgifter: Has the economic operator failed to meet its obligations regarding the payment of\n taxes and duties both in the country where the economic operator is established and\n in the member state of the contracting authority or the contracting entity, if different\n from the country of establishment?

Terrorhandlinger eller strafbare handlinger med forbindelse til terroraktivitet: Has the economic operator itself, or a person belonging to the economic operator's\n management, administrative or supervisory body, or having the authority to represent,\n control, or make decisions therein, been convicted by a final judgment for terrorist\n offenses or criminal acts related to terrorist activities, in a judgment rendered\n within the last five years, or where an exclusion period set directly in the judgment\n continues to apply? As defined respectively in Article 1 and 3 of Council Framework\n Decision 2002/475/JHA of 13 June 2002 on combating terrorism (OJ L 164, 22.6.2002,\n p. 3). This exclusion ground also covers incitement, aiding, and abetting, and attempting\n to commit such acts as referred to in Article 4 of the said framework decision.

5 Delkontrakt

5.1 Teknisk ID for partiet: LOT-0000

Titel: Tender regarding the installation, operation and maintenance, including support, of\n a global WAN solution

Intern identifikator: 2024/52

5.1.1 Formål

Kontraktens art: Tjenesteydelser

Primær klassificering (cpv): 72000000 It-tjenester: rådgivning, programmeludvikling, internet og support

5.1.2 Udførelsessted

Hvor som helst

Yderligere oplysninger:

5.1.3 Anslået varighed

Varighed: 9 År

5.1.4 Fornyelse

Højeste antal fornyelser: 2

Køberen forbeholder sig retten til at foretage yderligere indkøb fra entreprenøren som beskrevet her: The Buyer reserves the right to make additional purchases from the contractor as described\n here: Statens It is entitled to extend the contract twice, each time for 24 months

5.1.5 Værdi

Anslået værdi eksklusiv moms: 250.000.000 Dansk krone

5.1.6 Generelle oplysninger

Reserveret deltagelse: Deltagelse uden forbehold.

Navnene på og de faglige kvalifikationer for det personale, der skal udføre kontrakten, skal angives: Endnu ikke kendt

Indkøbsprojekt, der ikke finansieres med EU-midler

5.1.9 Udvælgelseskriterier

Kriterium:

Type: Økonomisk og finansiel formåen

Navn: Financial ratios

Beskrivelse: Applicant shall in Annex A - PQQ (prequalification questionnaire) provide the average\n operating profit (EBITDA) according to the latest three general meeting approved annual\n reports. EBITDA consists of the annual result plus interest, taxes, depreciations,\n and amortizations. It is a minimum requirement that the applicant has a positive average\n operating profit (EBITDA) according to the latest three general meeting approved annual\n reports. Regarding documentation for economic and financial capacity, the applicant\n shall provide the following documentation: The average operating profit (EBITDA),\n which must be included in Annex A – PQQ (prequalification questionnaire). Furthermore,\n as the final documentation regarding the applicant's economic and financial capacity\n and to document that the information provided in the PQQ is correct, the applicant\n must submit approved annual reports with the required figures. If the applicant is\n unable to provide the required documentation requested by the contracting authority\n for a valid reason, the applicant may demonstrate their economic and financial standing\n by any other document that the contracting authority deems appropriate. In the event\n that the applicant relies on the capacity of other entities, the applicant will be\n requested to provide a support statement or equivalent documentation proving that\n the entity in question is legally obligated to the applicant.

Anvendelse af dette kriterium: Anvendt

Kriterium:

Type: Økonomisk og finansiel formåen

Navn: Financial ratios

Beskrivelse: The contracting authority will select five (5) applicants. If the contracting authority\n receives applications from more than five (5) suitable applicants, the contracting\n authority will make a selection among these applicants. The selection will, as a starting\n point, be made in accordance with selection criterion regarding technical and professional\n abillity. If the references in relation to selection criterion regarding technical\n and professional abillity for more than five suitable applicants equally encompass\n all the points a) – b) indicated in relation to selection criterion regarding technical\n and professional abillity, the selection among these applicants will be based on the\n size of the applicant's average positive operating profit (EBITDA) according to the\n latest three general meeting approved annual reports, with a preference for the highest\n amount. For the purpose of the selection, the applicant must solely complete Annex\n A - PQQ (prequalification questionnaire).

Anvendelse af dette kriterium: Anvendt

Kriterierne vil blive anvendt til at udvælge de ansøgere, som skal opfordres til at deltage i anden fase af proceduren

Kriterium:

Type: Egnethed til at udøve det pågældende erhverv

Anvendelse af dette kriterium: Ikke anvendt

Kriterium:

Type: Teknisk og faglig formåen

Navn: With regard to service contracts: performance of services of the specified type

Beskrivelse: Applicants must submit references providing information on the applicant's significant\n experience with similar tasks, cf. Annex A – PQQ (prequalification questionnaire)\n point 2. It is a minimum requirement that the applicant, within the last 3 years,\n has initiated, managed, or executed at least one (1) similar task. A similar task\n refers to the delivery of a Wide Area Network (WAN) to a minimum of one location in\n each of the following continents: 1) Europe, 2) Asia, 3) Africa, 4) North America,\n 5) South America, and 6) Oceania, and which at the time of submission of request to\n participate has been operational for at least one year from the successful operational\n test. Compliance with points 1) - 6) can be documented by one or more references,\n so that multiple references collectively can demonstrate the delivery of a WAN to\n locations in the required continents. As a minimum, one reference and a maximum of\n five references must be provided. Each reference must include: A) Recipient of the\n work/service (including industry/customer type), B) Time and duration of task execution.\n (If it is an ongoing task, only the part of the services that has already been completed\n at the time of application can be included in the reference assessment. When specifying\n the delivery date, the applicant must indicate the start and end dates of the delivery.\n If this is not possible, for example because the tasks have been continuously carried\n out in accordance with a framework agreement, the applicant must, in the description\n of the delivery, indicate how the date is specified.) C) Project value, D) Contact\n information for client representatives E) Description of the nature and scope of the\n project, F) Which of the points 1-6 the reference concerns, G) How many locations\n the WAN has been delivered to according to the reference, H) Whether the reference\n concerns delivery to a public customer or equivalent, I) Whether the task has been\n carried out in collaboration with other companies, and if so, the applicant's role\n and share in the project. The contracting authority recommends that the applicant\n limits the description of each reference in Annex A – PQQ (prequalification questionnaire),\n point 2, table 2, to a maximum of 7,200 characters including spaces. To the extent\n that a reference exceeds the 7,200-character limit, the part that exceeds the allowable\n limit will not be considered in the evaluation. References may not contain links or\n similar references. If more references are included in the application than the maximum\n allowed, the contracting authority will only evaluate the first references provided\n in the submitted Annex A - PQQ (prequalification questionnaire). If the applicant\n is a consortium or relies on the capacity of other companies, the evaluation will\n be based on the first reference in each of the submitted PQQs (prequalification questionnaires),\n followed by the second reference from each PQQ (prequalification questionnaire), and\n so forth (Round Robin). If a reference is deemed not to meet the above requirements,\n it will still be included as one of the first five. In terms of documentation of technical\n and professional abillity, the applicant must submit the following documentation:\n The reference list, which must be included in Annex A - PQQ (prequalification questionnaire),\n is considered by the contracting authority to be the final documentation of the applicant's\n references. If the applicant relies on the capacity of other entities, as stated above,\n the applicant will be asked to submit a support statement or equivalent documentation\n proving that the relevant entity is legally obligated to the applicant.

Anvendelse af dette kriterium: Anvendt

Kriterium:

Type: Teknisk og faglig formåen

Navn: With regard to service contracts: performance of services of the specified type

Beskrivelse: The Contracting Authority will select five (5) applicants to participate in the second\n phase of the procurement procedure. If applications are received from more than five\n (5) suitable applicants, the Contracting Authority will make a selection among these\n applicants. The selection will be based on an assessment of the most relevant references\n in relation to the advertised task, as specified in section 5.1.9 of the tender notice.\n Only references that meet the minimum suitability requirements in accordance with\n section 5.1.9 and are listed in Annex A – PQQ (prequalification questionnaire), point\n 2, will be considered. In the assessment of the relevance of the references, emphasis\n will be placed on: a) The number of locations to which WAN delivery is documented.\n The more locations to which WAN delivery is documented, the better. b) The extent\n to which the references document delivery to public customers or equivalent. The higher\n the degree of documentation of delivery to public customers, the better. For the purpose\n of the selection, the applicant must complete Annex A – PQQ (prequalification questionnaire)\n in accordance with the instructions in the annex.

Anvendelse af dette kriterium: Anvendt

Kriterierne vil blive anvendt til at udvælge de ansøgere, som skal opfordres til at deltage i anden fase af proceduren

Oplysninger om den anden fase i en procedure, der afvikles i to faser:

Mindsteantallet af ansøgere, som skal opfordres til at deltage i anden fase af proceduren: 5

Det højeste antal ansøgere, som skal opfordres til at deltage i anden fase af proceduren: 5

Proceduren afvikles i successive faser. I hver fase kan nogle ansøgere blive afvist

5.1.10 Tildelingskriterier

Kriterium:

Type: Pris

Navn: Price

Beskrivelse: The sub-criterion \"price\" will be evaluated based on a technical evaluation price.\n The method for calculating the technical evaluation price will be provided in the\n tender materials, which will be made available to the selected applicants, cf. point\n 3.3 of the Prequalification conditions.

Vægtning (procentdel, præcis): 40

Kriterium:

Type: Kvalitet

Navn: Quality

Beskrivelse: The sub-criterion \"quality\" includes sub-sub-criteria with weightings. The qualitative\n sub-sub-criteria and their weightings that apply in this tender will be specified\n in the tender materials, which will be made available to the selected applicants,\n cf. point 3.3 of the prequalification conditions.

Vægtning (procentdel, præcis): 60

5.1.11 Udbudsdokumenter

Sprog, som udbudsdokumenterne er officielt tilgængelige på: engelsk

Adresse på udbudsdokumenterne: https://www.ethics.dk/ethics/eo#/4d7bdd5c-a68a-4eaf-bbfc-57c63d86ea54/publicMaterial

5.1.12 Udbudsvilkår

Vilkår for proceduren:

Den påtænkte dato for afsendelse af opfordringerne til at indgive tilbud: 12-12-2024

Vilkår for indgivelse:

Obligatorisk angivelse af underentreprise: Den del af kontrakten, som tilbudsgiver har til hensigt at give i underentreprise

Elektronisk indgivelse: Påkrævet

Indgivelsesadresse: https://www.ethics.dk/ethics/eo#/4d7bdd5c-a68a-4eaf-bbfc-57c63d86ea54/homepage

Sprog, som tilbud og ansøgninger om deltagelse kan indgives på: engelsk

Elektronisk katalog: Ikke tilladt

Alternative tilbud: Ikke tilladt

Tilbudsgivere kan indgive mere end ét tilbud: Ikke tilladt

Betingelser for kontrakten:

Udførelsen af kontrakten skal ske inden for rammerne af programmer for beskyttet beskæftigelse: Nej

Vilkår relateret til kontraktens udførelse: The customer sets requirements for information security in the contract. The supplier\n must comply with the specified security requirements. The security requirements will\n be based on ISO 27001.

Elektronisk fakturering: Påkrævet

Der vil blive anvendt elektronisk bestilling: nej

Der vil blive anvendt elektronisk betaling: ja

Finansiel ordning: The supplier will receive an implementation fee upon completion of the implementation,\n a fixed ongoing operational fee after the system is implemented and separate fees\n when the buyer is ordering consultancy services.

Underentreprise:

Entreprenøren skal angive eventuelle udskiftninger af underentreprenører i løbet af kontraktens udførelse.

Oplysninger om undersøgelsesfrister: Pursuant to Consolidated Act no. 593 of 2 June 2016 on the Complaints Board for Public\n Procurement, as amended, the following time limits apply to the filing of requests\n for a review procedure: Complaints about not having been selected must be filed with\n the Danish Complaints Board for Public Procurement within 20 calendar days starting\n from the day after the contracting authority has sent notification to the affected\n candidates with information about who had been selected, where such notification states\n the reasons for the selection decision, cf. section 7(1) of the Act. Other complaints\n about procurement procedures or decisions must, according to section 7(2) of the Act,\n be filed with the Danish Complaints Board for Public Procurement within: (1) 45 calendar\n days after the contracting authority having published a notice in the Official Journal\n of the European Union that the contracting authority has entered into a contract.\n The time limit is calculated from the date after the date when the notice was published.\n (2) 30 calendar days, calculated from the date after the date when the contracting\n authority notified the affected tenderers that a contract based on a framework agreement\n with reopening of competition or a dynamic purchasing system has been entered into,\n if the notification contained a statement of the reasons for the decision. (3) six\n months of the contracting authority having entered into a framework agreement, counted\n from the date after the date when the contracting authority notified the affected\n candidates and tenderers, see section 2(2) of the Act. The complainant must notify\n the contracting authority in writing that a complaint has been lodged to the Danish\n Complaints Board for Public Procurement no later than on the date of lodging of the\n complaint, cf. section section 6(4) of the Act. Furthermore, the contracting authority\n must be informed of whether the complaint has been lodged in the stand-still period,\n see section 3(1) or (2) of the Act. If the complaint has not been lodged in the standstill\n period, the complainant must also state whether it is requested that the appeal is\n granted suspensory effect, cf. section 12(1) of the Act. The Danish Complaints Board\n for Public Procurement’s review procedure guidelines are available on www.klfu.dk.

5.1.15 Teknikker

Rammeaftale:

Ingen rammeaftale

Oplysninger om det dynamiske indkøbssystem:

Intet dynamisk indkøbssystem

Elektronisk auktion: nej

5.1.16 Yderligere oplysninger, mægling og gennemgang

Organisation med ansvar for klager: Klagenævnet for Udbud

Organisation, der leverer yderligere oplysninger om klageprocedurerne: Konkurrence- og Forbrugerstyrelsen

TED eSender: Mercell Holding ASA

2 Procedure

2.1 Procedure

Title: Tender regarding the installation, operation and maintenance, including support, of\n a global WAN solution

Description: The Contract concerns the provision of it-services in the form of a global transmission\n network (the “Solution”) connecting the Danish Ministry of Foreign Affairs (the “Ministry(DMFA)”)\n and Danish embassies and other representations (the “Missions”) located in various\n countries (the “Locations”) with a central hub at the Customer in Copenhagen, Denmark.\n The Customer is the Danish Agency for Governmental IT Services (the ”Customer”) .\n In this capacity, the Customer provides the Solution to the Ministry, and the Supplier\n is a sub-Supplier to the Customer for this purpose. Under the terms of the Contract,\n the Supplier shall establish, operate and maintain the Solution and provide related\n auxiliary services. The Danish Ministry of Foreign Affairs (DMFA) comprises the Ministry\n in Copenhagen and a global network abroad of Embassies, Consulates-General and Trade\n Commissions. Denmark has 67 Embassies. An Embassy handles all aspects of Denmark’s\n ties with the host country and many Embassies cover several countries. The number\n and location of Embassies is reviewed and prioritized on an ongoing basis according\n to Denmark’s foreign policy interests. Denmark has Ambassadors in virtually every\n European country, in most large countries outside Europe, and in developing countries\n where we are partners in the country’s development. Denmark has 6 diplomatic missions\n at international organizations, for example at the EU in Brussels, at the UN in New\n York and Geneva, at NATO in Brussels, and at the Council of Europe in Strasbourg.\n Denmark has 17 Consulates-General and Trade Commissions. These provide first and foremost\n commercial services and are in areas where Denmark has significant commercial interests.\n We have, for example, Consulates-General in New York and Shanghai, and Trade Commission\n in Taipei. The Solution is used for administrative data traffic, including office\n and journal systems, electronic mail, intranet, internet, IT administration and collaboration\n services between the Missions and the Ministry. The Solution is an essential tool\n for the Ministry and its routines and working procedures, which require that all communication\n at all times is secret, secure, reliable and at high speed. The security requirements\n are continuously adjusted by the DMFA in accordance with the political and security\n related matters concerning Denmark. This includes the physical security and access\n control as well as the consideration for the high level of protection of data transmissions\n and information integrity, which might be important to Denmark’s image as a trustworthy\n international partner, and at worst national security. For more information about\n DMFA see https://um.dk/en and the Customer see https://statens-it.dk/english/.

Procedure identifier: 93cfedb5-2dd0-4f30-a680-f092e535f9f3

Internal identifier: 2024/52

Type of procedure: Negotiated with prior publication of a call for competition / competitive with negotiation

The procedure is accelerated: no

2.1.1 Purpose

Main nature of the contract: Services

Main classification (cpv): 72000000 IT services: consulting, software development, Internet and support

2.1.2 Place of performance

Anywhere

2.1.3 Value

Estimated value excluding VAT: 250.000.000 Danish krone

2.1.4 General information

Additional information: The mandatory exclusion grounds in Article 39(1) of the Defence and Security Directive\n and all the voluntary exclusion grounds in Article 39(2) and the specific Danish exclusion\n ground in Section 134a of the Danish Procurement Act, apply to this tender. The contracting\n authority notes that it is not technically possible to select the exclusion ground\n in Article 39(2)(e) in point 2.1.6 in the e-Formular. Therefore, the contracting authority\n specifies under this point that all voluntary exclusion grounds apply in this procurement\n proces, including Article 39(2)(e). Applicants must, in the request for application\n in the Prequalification Questionnaire, state whether they are subject to the above-mentioned\n exclusion grounds. The tender materials include a template in Annex A that shall be\n used. The PQQ is considered by the contracting authority to be the final documentation\n regarding the above mentioned exclusion grounds. However, the contracting authority\n is entitled to request additional documentation and conduct effective verification\n of the submitted documentation if the contracting authority deems it necessary for\n the proper conduct of the procurement procedure, hereunder reserves the right to obtain\n the documentation specified in Article 39(3) if necessary. An applicant or tenderer\n who is subject to an exclusion ground is excluded from participating in the procurement\n procedure. According Danish Act on screening of certain foreign direct investments\n (the Investment Screening Act), tenderers domiciled outside the EU or EFTA, or those\n under the control or significant influence as defined in the Act by an enterprise\n domiciled or a citizen from a country outside the EU or EFTA, must apply to the Danish\n Business Authority for permission to enter into a \"special economic agreement\" within\n a particularly sensitive sector or activity. The contracting authority assesses that\n entering into the contract MAY be subject to a permission requirement under certain\n circumstances. Therefore, the tenderer should clarify whether a potential agreement\n would be subject to such a requirement. For further information, see https://erhvervsstyrelsen.dk/aftaler-omfattet-af-investeringsscreeningsloven\n Furthermore, the contracting authority must also exclude economic operators who are\n subject to EU sanctions against Russia in accordance with EU Regulation No. 833/2014,\n as amended, Article 5k.

Legal basis:

Directive 2009/81/EC

2.1.6 Grounds for exclusion

Analogous situation like bankruptcy under national law: Is the economic operator in a situation equivalent to bankruptcy according to a similar\n procedure provided for in national law?

Bankruptcy: Has the economic operator gone bankrupt?

Corruption: Has the economic operator themselves or a person who belongs to the economic operator's\n management, administrative or supervisory body, or who has the authority to represent,\n control or make decisions on its behalf, been convicted by a final judgment of bribery\n in a judgment delivered within the last five years, or where an exclusion period set\n directly in the judgment continues to apply? As defined in Article 3 of the Convention\n on the Fight against Corruption, Involving Officials of the European Communities or\n Officials of the Member States of the European Union (OJ C 195, 25.6.1997, p. 1),\n and in Article 2(1) of Council Framework Decision 2003/568/JHA of 22 July 2003 on\n combating corruption in the private sector (OJ L 192, 31.7.2003, p. 54). This exclusion\n ground also covers bribery as defined in national law applicable to the contracting\n authority (the contracting entity) or the economic operator.

Arrangement with creditors: Is the economic operator subject to a composition with creditors outside of bankruptcy?

Participation in a criminal organisation: Has the economic operator themselves or a person who belongs to the economic operator's\n management, administrative or supervisory body, or who has the authority to represent,\n control or make decisions on its behalf, been convicted by a final judgment of participation\n in a criminal organization in a judgment delivered within the last five years, or\n where an exclusion period set directly in the judgment continues to apply? As defined\n in Article 2 of Council Framework Decision 2008/841/JHA of 24 October 2008 on the\n fight against organized crime (OJ L 300, 11.11.2008, p. 42).

Money laundering or terrorist financing: Has the economic operator itself, or a person belonging to the economic operator's\n management, administrative or supervisory body, or having the authority to represent,\n control, or make decisions therein, been convicted by a final judgment for money laundering\n or terrorist financing in a judgment rendered within the last five years, or where\n an exclusion period set directly in the judgment continues to apply? As defined in\n Article 1 of Directive 2005/60/EC of the European Parliament and of the Council of\n 26 October 2005 on the prevention of the use of the financial system for the purpose\n of money laundering and terrorist financing (OJ L 309, 25.11.2005, p. 15).

Fraud: Has the economic operator itself or a person belonging to the economic operator's\n management, administrative or supervisory body, or having the authority to represent,\n control, or make decisions therein, been convicted by a final judgment of fraud in\n a judgment rendered within the last five years, or where an exclusion period set directly\n in the judgment continues to apply? As referred to in Article 1 of the Convention\n on the protection of the European Communities' financial interests (OJ C 316, 27.11.1995,\n p. 48).

Insolvency: Is the economic operator undergoing insolvency or liquidation proceedings?

Assets being administered by liquidator: Are the economic operator's assets being administered by a trustee or by the court?

Guilty of misrepresentation, withheld information, unable to provide required documents and obtained confidential information of this procedure: Has the economic operator been in any of the following situations: a) It has provided\n materially false information when providing the information required for verifying\n that there are no grounds for exclusion, or for verifying compliance with the selection\n criteria; b) It has withheld such information; c) It has been unable to immediately\n submit the supplementary documentation requested by a contracting authority or contracting\n entity; and d) It has negligently provided misleading information that may have a\n material impact on decisions concerning exclusion, selection, or award?

Purely national exclusion grounds: The Danish exclusion ground in Section 134a of the Danish Procurement Act: Is the\n economic operator established in a country that is listed on the EU list of non-cooperative\n tax jurisdictions and has not acceded to the WTO's Government Procurement Agreement\n or other trade agreements that oblige Denmark to open the public procurement market\n to tenderers established in that particular country?

Guilty of grave professional misconduct: Has the economic operator, in the course of its business, been guilty of serious misconduct?\n If relevant, please refer to definitions in national law, the relevant notice, or\n the tender documents.

Payment of social security contributions: Has the economic operator failed to meet its obligations regarding the payment of\n contributions to social security schemes, both in the country where the economic operator\n is established and in the member state of the contracting authority or the contracting\n entity, if different from the country of establishment?

Business activities are suspended: Has the economic operator's business activities been suspended?

Payment of taxes: Has the economic operator failed to meet its obligations regarding the payment of\n taxes and duties both in the country where the economic operator is established and\n in the member state of the contracting authority or the contracting entity, if different\n from the country of establishment?

Terrorist offences or offences linked to terrorist activities: Has the economic operator itself, or a person belonging to the economic operator's\n management, administrative or supervisory body, or having the authority to represent,\n control, or make decisions therein, been convicted by a final judgment for terrorist\n offenses or criminal acts related to terrorist activities, in a judgment rendered\n within the last five years, or where an exclusion period set directly in the judgment\n continues to apply? As defined respectively in Article 1 and 3 of Council Framework\n Decision 2002/475/JHA of 13 June 2002 on combating terrorism (OJ L 164, 22.6.2002,\n p. 3). This exclusion ground also covers incitement, aiding, and abetting, and attempting\n to commit such acts as referred to in Article 4 of the said framework decision.

5 Lot

5.1 Lot technical ID: LOT-0000

Title: Tender regarding the installation, operation and maintenance, including support, of\n a global WAN solution

Internal identifier: 2024/52

5.1.1 Purpose

Main nature of the contract: Services

Main classification (cpv): 72000000 IT services: consulting, software development, Internet and support

5.1.2 Place of performance

Anywhere

Additional information:

5.1.3 Estimated duration

Duration: 9 Year

5.1.4 Renewal

Maximum renewals: 2

The buyer reserves the right for additional purchases from the contractor, as described here: The Buyer reserves the right to make additional purchases from the contractor as described\n here: Statens It is entitled to extend the contract twice, each time for 24 months

5.1.5 Value

Estimated value excluding VAT: 250.000.000 Danish krone

5.1.6 General information

Reserved participation: Participation is not reserved.

The names and professional qualifications of the staff assigned to perform the contract must be given: Not yet known

Procurement Project not financed with EU Funds.

5.1.9 Selection criteria

Criterion:

Type: Economic and financial standing

Name: Financial ratios

Description: Applicant shall in Annex A - PQQ (prequalification questionnaire) provide the average\n operating profit (EBITDA) according to the latest three general meeting approved annual\n reports. EBITDA consists of the annual result plus interest, taxes, depreciations,\n and amortizations. It is a minimum requirement that the applicant has a positive average\n operating profit (EBITDA) according to the latest three general meeting approved annual\n reports. Regarding documentation for economic and financial capacity, the applicant\n shall provide the following documentation: The average operating profit (EBITDA),\n which must be included in Annex A – PQQ (prequalification questionnaire). Furthermore,\n as the final documentation regarding the applicant's economic and financial capacity\n and to document that the information provided in the PQQ is correct, the applicant\n must submit approved annual reports with the required figures. If the applicant is\n unable to provide the required documentation requested by the contracting authority\n for a valid reason, the applicant may demonstrate their economic and financial standing\n by any other document that the contracting authority deems appropriate. In the event\n that the applicant relies on the capacity of other entities, the applicant will be\n requested to provide a support statement or equivalent documentation proving that\n the entity in question is legally obligated to the applicant.

Use of this criterion: Used

Criterion:

Type: Economic and financial standing

Name: Financial ratios

Description: The contracting authority will select five (5) applicants. If the contracting authority\n receives applications from more than five (5) suitable applicants, the contracting\n authority will make a selection among these applicants. The selection will, as a starting\n point, be made in accordance with selection criterion regarding technical and professional\n abillity. If the references in relation to selection criterion regarding technical\n and professional abillity for more than five suitable applicants equally encompass\n all the points a) – b) indicated in relation to selection criterion regarding technical\n and professional abillity, the selection among these applicants will be based on the\n size of the applicant's average positive operating profit (EBITDA) according to the\n latest three general meeting approved annual reports, with a preference for the highest\n amount. For the purpose of the selection, the applicant must solely complete Annex\n A - PQQ (prequalification questionnaire).

Use of this criterion: Used

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

Criterion:

Type: Suitability to pursue the professional activity

Use of this criterion: Not used

Criterion:

Type: Technical and professional ability

Name: With regard to service contracts: performance of services of the specified type

Description: Applicants must submit references providing information on the applicant's significant\n experience with similar tasks, cf. Annex A – PQQ (prequalification questionnaire)\n point 2. It is a minimum requirement that the applicant, within the last 3 years,\n has initiated, managed, or executed at least one (1) similar task. A similar task\n refers to the delivery of a Wide Area Network (WAN) to a minimum of one location in\n each of the following continents: 1) Europe, 2) Asia, 3) Africa, 4) North America,\n 5) South America, and 6) Oceania, and which at the time of submission of request to\n participate has been operational for at least one year from the successful operational\n test. Compliance with points 1) - 6) can be documented by one or more references,\n so that multiple references collectively can demonstrate the delivery of a WAN to\n locations in the required continents. As a minimum, one reference and a maximum of\n five references must be provided. Each reference must include: A) Recipient of the\n work/service (including industry/customer type), B) Time and duration of task execution.\n (If it is an ongoing task, only the part of the services that has already been completed\n at the time of application can be included in the reference assessment. When specifying\n the delivery date, the applicant must indicate the start and end dates of the delivery.\n If this is not possible, for example because the tasks have been continuously carried\n out in accordance with a framework agreement, the applicant must, in the description\n of the delivery, indicate how the date is specified.) C) Project value, D) Contact\n information for client representatives E) Description of the nature and scope of the\n project, F) Which of the points 1-6 the reference concerns, G) How many locations\n the WAN has been delivered to according to the reference, H) Whether the reference\n concerns delivery to a public customer or equivalent, I) Whether the task has been\n carried out in collaboration with other companies, and if so, the applicant's role\n and share in the project. The contracting authority recommends that the applicant\n limits the description of each reference in Annex A – PQQ (prequalification questionnaire),\n point 2, table 2, to a maximum of 7,200 characters including spaces. To the extent\n that a reference exceeds the 7,200-character limit, the part that exceeds the allowable\n limit will not be considered in the evaluation. References may not contain links or\n similar references. If more references are included in the application than the maximum\n allowed, the contracting authority will only evaluate the first references provided\n in the submitted Annex A - PQQ (prequalification questionnaire). If the applicant\n is a consortium or relies on the capacity of other companies, the evaluation will\n be based on the first reference in each of the submitted PQQs (prequalification questionnaires),\n followed by the second reference from each PQQ (prequalification questionnaire), and\n so forth (Round Robin). If a reference is deemed not to meet the above requirements,\n it will still be included as one of the first five. In terms of documentation of technical\n and professional abillity, the applicant must submit the following documentation:\n The reference list, which must be included in Annex A - PQQ (prequalification questionnaire),\n is considered by the contracting authority to be the final documentation of the applicant's\n references. If the applicant relies on the capacity of other entities, as stated above,\n the applicant will be asked to submit a support statement or equivalent documentation\n proving that the relevant entity is legally obligated to the applicant.

Use of this criterion: Used

Criterion:

Type: Technical and professional ability

Name: With regard to service contracts: performance of services of the specified type

Description: The Contracting Authority will select five (5) applicants to participate in the second\n phase of the procurement procedure. If applications are received from more than five\n (5) suitable applicants, the Contracting Authority will make a selection among these\n applicants. The selection will be based on an assessment of the most relevant references\n in relation to the advertised task, as specified in section 5.1.9 of the tender notice.\n Only references that meet the minimum suitability requirements in accordance with\n section 5.1.9 and are listed in Annex A – PQQ (prequalification questionnaire), point\n 2, will be considered. In the assessment of the relevance of the references, emphasis\n will be placed on: a) The number of locations to which WAN delivery is documented.\n The more locations to which WAN delivery is documented, the better. b) The extent\n to which the references document delivery to public customers or equivalent. The higher\n the degree of documentation of delivery to public customers, the better. For the purpose\n of the selection, the applicant must complete Annex A – PQQ (prequalification questionnaire)\n in accordance with the instructions in the annex.

Use of this criterion: Used

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

Information about the second stage of a two-stage procedure:

Minimum number of candidates to be invited for the second stage of the procedure: 5

Maximum number of candidates to be invited for the second stage of the procedure: 5

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

5.1.10 Award criteria

Criterion:

Type: Price

Name: Price

Description: The sub-criterion \"price\" will be evaluated based on a technical evaluation price.\n The method for calculating the technical evaluation price will be provided in the\n tender materials, which will be made available to the selected applicants, cf. point\n 3.3 of the Prequalification conditions.

Weight (percentage, exact): 40

Criterion:

Type: Quality

Name: Quality

Description: The sub-criterion \"quality\" includes sub-sub-criteria with weightings. The qualitative\n sub-sub-criteria and their weightings that apply in this tender will be specified\n in the tender materials, which will be made available to the selected applicants,\n cf. point 3.3 of the prequalification conditions.

Weight (percentage, exact): 60

5.1.11 Procurement documents

Languages in which the procurement documents are officially available: English

Address of the procurement documents: https://www.ethics.dk/ethics/eo#/4d7bdd5c-a68a-4eaf-bbfc-57c63d86ea54/publicMaterial

5.1.12 Terms of procurement

Terms of the procedure:

Estimated date of dispatch of the invitations to submit tenders: 12-12-2024

Terms of submission:

Obligatory indication of subcontracting: The share of the contract that the tenderer intends to subcontract

Electronic submission: Required

Address for submission: https://www.ethics.dk/ethics/eo#/4d7bdd5c-a68a-4eaf-bbfc-57c63d86ea54/homepage

Languages in which tenders or requests to participate may be submitted: English

Electronic catalogue: Not allowed

Variants: Not allowed

Tenderers may submit more than one tender: Not allowed

Terms of contract:

The execution of the contract must be performed within the framework of sheltered employment programmes: No

Conditions relating to the performance of the contract: The customer sets requirements for information security in the contract. The supplier\n must comply with the specified security requirements. The security requirements will\n be based on ISO 27001.

Electronic invoicing: Required

Electronic ordering will be used: no

Electronic payment will be used: yes

Financial arrangement: The supplier will receive an implementation fee upon completion of the implementation,\n a fixed ongoing operational fee after the system is implemented and separate fees\n when the buyer is ordering consultancy services.

Subcontracting:

The contractor must indicate any change of subcontractors during the execution of the contract.

Information about review deadlines: Pursuant to Consolidated Act no. 593 of 2 June 2016 on the Complaints Board for Public\n Procurement, as amended, the following time limits apply to the filing of requests\n for a review procedure: Complaints about not having been selected must be filed with\n the Danish Complaints Board for Public Procurement within 20 calendar days starting\n from the day after the contracting authority has sent notification to the affected\n candidates with information about who had been selected, where such notification states\n the reasons for the selection decision, cf. section 7(1) of the Act. Other complaints\n about procurement procedures or decisions must, according to section 7(2) of the Act,\n be filed with the Danish Complaints Board for Public Procurement within: (1) 45 calendar\n days after the contracting authority having published a notice in the Official Journal\n of the European Union that the contracting authority has entered into a contract.\n The time limit is calculated from the date after the date when the notice was published.\n (2) 30 calendar days, calculated from the date after the date when the contracting\n authority notified the affected tenderers that a contract based on a framework agreement\n with reopening of competition or a dynamic purchasing system has been entered into,\n if the notification contained a statement of the reasons for the decision. (3) six\n months of the contracting authority having entered into a framework agreement, counted\n from the date after the date when the contracting authority notified the affected\n candidates and tenderers, see section 2(2) of the Act. The complainant must notify\n the contracting authority in writing that a complaint has been lodged to the Danish\n Complaints Board for Public Procurement no later than on the date of lodging of the\n complaint, cf. section section 6(4) of the Act. Furthermore, the contracting authority\n must be informed of whether the complaint has been lodged in the stand-still period,\n see section 3(1) or (2) of the Act. If the complaint has not been lodged in the standstill\n period, the complainant must also state whether it is requested that the appeal is\n granted suspensory effect, cf. section 12(1) of the Act. The Danish Complaints Board\n for Public Procurement’s review procedure guidelines are available on www.klfu.dk.

5.1.15 Techniques

Framework agreement:

No framework agreement

Information about the dynamic purchasing system:

No dynamic purchase system

Electronic auction: no

5.1.16 Further information, mediation and review

Review organisation: Klagenævnet for Udbud

Organisation providing more information on the review procedures: Konkurrence- og Forbrugerstyrelsen

TED eSender: Mercell Holding ASA