{"bekendtgoerelseNoegle":{"noticeId":{"value":"1c7a5d35-9784-47cc-8af4-66a2bf7ade10"},"noticeVersion":{"value":"01"},"noticePublicationNumber":{"value":"00854053-2025"}},"htmlDA":"\n\n \n 1 Køber1.1 KøberOfficielt navn: Banedanmark\n Køberens retlige status: Central regeringsmyndighed\n Den ordregivende myndigheds aktivitet: Generelle offentlige tjenesteydelser\n Den ordregivende enheds aktiviteter: Jernbanetjenester\n \n \n 2 Procedure2.1 ProcedureTitel: Tender for fasteners and rail pads for the sleeper types: S99, SB16 & S16 for use\n in the Danish rail network\n Beskrivelse: In accordance with the provisions of Directive 2014/25/EU (the Utilities Directive\n as implemented by Executive Order no. 1078 of 29 June 2022 on procurement by entities\n operating in the water, energy, transport and postal services sectors), a framework\n agreement for supply of fasteners and rail pads for the sleeper types: S99, SB16 &\n S16 for use in the Danish rail network as well as the product type acceptance process\n for the offered sleepers and rail pads is put out to tender.
The framework\n agreement gives Banedanmark a right, but not an obligation, to order the above-mentioned\n fasteners and rail pads.
The Framework Agreement is exclusive regarding\n supply of fasteners to be used at Banedanmark's Sleeper Factory.
Fasteners\n to be used in connection with maintenance and replacement of existing fasteners in\n Banedanmark’s infrastructure are not covered by this agreement.
The execution\n of the Framework Agreement is divided into three phases:
(1) Design, Validation\n and Product Type Acceptance Phase
(2) Retrofitting of Sleeper Factory Phase
(3)\n Manufacturing and Delivery Production Phase
For more information reference\n is made to the tender material.\n Identifikator for proceduren: eea4e8b5-2c22-4744-b9c2-df8fcec3afa8\n Tidligere bekendtgørelse: ccf06f4e-b7c7-4a02-a689-1402df2acf66-01\n \n Udbudsprocedure: Udbud med forhandling/indkaldelse af tilbud med forudgående offentliggørelse\n Proceduren er en hasteprocedure: nej\n Hovedpunkterne i proceduren: The procurement will be conducted as a negotiated procedure, and the framework agreement\n will expectedly be awarded to the tenderer submitting the most economically advantageous\n tender based on the award criterion, see section 7 of the tender specifications.
The\n procurement process is as follows:
1. Request for prequalification: The\n economic operators submit a request for prequalification. Based on the requests received,\n Banedanmark will prequalify four (4) economic operators.
2. Invitation to\n submit an initial tender: Banedanmark invites the prequalified economic operators\n to submit an initial tender. Accordingly, tenders may only be submitted by economic\n operators that have been prequalified.
3. Submission of initial tender:\n The prequalified economic operators submit an initial tender. The initial tenders\n form the basis of the subsequent negotiation meetings. Please note: Banedanmark reserves\n the right to award directly on the basis of initial offers, in which case no negotiation\n meetings will be held.
4. Negotiation meetings: Tenderers having submitted\n an initial tender in due time will subsequently be invited to a negotiation meeting.
The\n negotiations will be conducted in accordance with the principle of equal treatment,\n which means that all tenderers will be allotted the same time for negotiations with\n Banedanmark. One (1) negotiation meeting will be held with each tenderer. The negotiation\n meeting is expected to have a maximum duration of four (4) hours, but Banedanmark\n reserves the right to change the duration should this prove to be required.
Before\n the negotiation meeting, Banedanmark will forward an agenda for the meeting and a\n specification of the key issues which Banedanmark wishes to discuss with the tenderer.\n It should be noted that this specification is not exhaustive and that other issues\n than those specified beforehand may also be discussed at the individual negotiation\n meetings.
The purpose of the negotiations is partly to allow the tenderers to\n optimise their tenders, partly to ensure that the tenderers submit compliant tenders.\n Finally, the negotiations may also cause Banedanmark to revise the tender documents.\n During the negotiations, Banedanmark will provide the individual tenderer with general\n information about its overall view of the strengths and weaknesses of the initial\n tender. However, it is the sole responsibility of the tenderer to ensure that it ultimately\n submits a compliant final tender.
Banedanmark wishes as a starting point to negotiate\n on these points:
Type-approval process of the offered fasteners
Process for\n retrofitting of Sleeper Factory (if necessary)
Special conditions and elements\n that affect delivery time and ability
Logistics (including warehousing, delivery\n and transport)
Other issues that are relevant to the process will also be\n subject for the negotiation meetings.
The expected time of the negotiation meetings\n is set out in clause 3.
The negotiation meetings will be held at the following\n address:
Banedanmark
Carsten Niebuhrs Gade 43
1577 Copenhagen V
\n Denmark
As an exception, negation meetings can be held via Teams.
The tenderer\n is requested to inform Banedanmark about which persons will represent the tenderer\n at the negotiation meeting (name, position and company name). The information should\n be provided via the “Messaging” section in EU-Supply no later than four (4) calendar\n days before the meeting.
Banedanmark will prepare minutes after each negotiation\n meeting. These minutes will not be made public. The individual minutes will only be\n sent to the tenderer participating in the meeting. If questions of a general nature\n were discussed at a negotiation meeting, the answers to such questions in anonymised\n form will be communicated to all tenderers via EU-Supply, see clause 2.3 of the tender\n specifications.
.
The tenderer will be given the opportunity to comment on\n and confirm the information in the minutes. No independent, legal relevance for the\n submission of a final tender may be assigned to the minutes, as the final tender is\n to be submitted solely on the basis of the final tender documents.
Based\n on the negotiation meetings, Banedanmark will prepare revised tender documents, which\n will form the basis of the tenderers’ final tenders.
As part of the revision,\n Banedanmark, in full compliance with the principles of equal treatment and transparency,\n may change the contents of, withdraw or add new “general requirements” or “evaluation\n requirements”. Moreover, Banedanmark may make changes or additions to the information/documents\n to be attached to the final tender. However, the changes/additions may not cause the\n characteristics of the services put out to tender to change or cause the services\n to no longer be within the scope of the description provided in the contract notice.\n Moreover, fundamental elements may not be changed, including “minimum requirements”.\n
However, linguistic clarifications, correction of obvious errors and inexpediencies,\n etc. are always allowed, in full compliance with the principles of equal treatment\n and transparency.
5. Publication of revised tender documents:\n After completion of the negotiation meetings, Banedanmark will issue revised tender\n documents, which will form the basis of the tenderers’ final tenders.
6.\n Submission of final tender: The tenderers submit their final tenders, which will be\n evaluated by Banedanmark.
7. Contract award: Banedanmark will award the framework\n agreement to the tenderer which has submitted the most economically advantageous tender\n based on the award criterion.
The economic operators participating in the\n tender proces will not be paid for participating in the proces.
For a detailed\n review of the above process, see the description provided in the tender material.\n 2.1.1 FormålKontraktens hovedformål: Varer\n Primær klassifikation (cpv): 34947000 Sveller og dele af sveller\n Supplerende klassifikation (cpv): 34941000 Skinner og tilbehør\n Supplerende klassifikation (cpv): 34946000 Materialer og forsyninger til anlæg af jernbanespor\n Supplerende klassifikation (cpv): 34946100 Byggematerialer til jernbanespor\n Supplerende klassifikation (cpv): 34946230 Klemplader, underlag og sveller\n \n 2.1.2 UdførelsesstedPostadresse: Banedanmark Sleeper Factory, Vejlbyvej 1 \n \n \n Landsdel (NUTS): Østjylland (DK042)\n \n \n 2.1.2 UdførelsesstedPostadresse: Banedanmark Warehouse Vest, Bygholm Parkvej 4 \n \n \n Landsdel (NUTS): Østjylland (DK042)\n \n \n 2.1.2 UdførelsesstedPostadresse: Banedanmark Warehouse Halø, Kærup Industrivej 5 \n \n \n Landsdel (NUTS): Vest- og Sydsjælland (DK022)\n \n \n 2.1.3 VærdiAnslået værdi eksklusiv moms: 410.000.000 Dansk krone\n Rammeaftalens maksimumværdi: 490.000.000 Dansk krone\n \n 2.1.4 Generelle oplysningerIndkaldelse af tilbud er afsluttet\n Yderligere oplysninger: 1) In the event of changes to selected applicants or tenderers, the rules in Section\n 147 of the Danish Public Procurement Act shall apply in full.
2) It is noted\n that each applicant may only submit one application for prequalification.
3)\n The contracting authority may request applicants to supplement, clarify or complete\n the application pursuant to Article 76(4) of the Utilities Directive, if the applications\n or tenders do not meet the formal requirements of the tender documents.
4)\n The EU’s fifth package of sanctions (Regulation (EU) 2022/576) As a result of the\n EU’s fifth package of sanctions, see Regulation (EU) 2022/576 of 8 April 2022 amending\n Regulation (EU) no. 833/2014 concerning restrictive
measures in view of Russia’s\n actions destabilising the situation in Ukraine), contracting authorities or entities\n in the EU may not award public contracts or concessions to the following types of\n tenderers: Russian nationals, undertakings or other legal entities established in\n Russia; non-Russian undertakings which are (directly or indirectly) owned for more\n than 50% by a Russian national or undertaking; non-Russian undertakings acting on\n behalf of a Russian national or undertaking. Russian sub suppliers and supporting\n entities are also covered by the sanctions if their contribution accounts for 10%\n or more of the contract value.
Before making the award decision, Banedanmark\n will request to receive documentation that the tenderer is not comprised by the prohibition,\n see clause 8. For this purpose, the tenderer may use Appendix C “Solemn declaration\n re. fifth package of sanctions”.
5) The Danish Investment Screening Act\n
In section section 1.1.5 of the Tender Specifications, Banedanmark has requested\n the tenderers to state whether their conclusion of the framework agreement is subject\n to the requirement for authorisation under the Danish Investment Screening Act. Further\n guidance on the Act and its scope of application is available here (in
Danish):\n https://erhvervsstyrelsen.dk/vejledning-aktiviteter-omfattet-af-investeringsscreeningsloven.\n
The tenderer is responsible for applying for and obtaining authorisation\n if the tenderer’s conclusion of the framework agreement is subject to the Act. Banedanmark’s\n award decision is made subject to the successful tenderer submitting documentation.\n
Banedanmark reserves the right during the procurement process to request\n candidates and tenderers to provide information about whether their contract conclusion\n is covered by the Act and to provide a status on any application for authorisation.\n
6) Participation in the tender can only be done electronically via the contracting\n authority's electronic tendering system. In order to access the tender documents and\n participate in the process, interested companies must register online. As part of\n their tender, the tenderer must complete and submit an ESPD as preliminary
evidence\n of the conditions mentioned in Section 148 of the Public Procurement Act, cf. Section\n 12 of the Implementing Order. In the case of a group of undertakings (e.g. a consortium),\n a separate ESPD must be submitted for each of the participating economic operators.\n If the tenderer relies on the capabilities of other entities, an
ESPD must be\n submitted for each of the entities on which the tenderer relies. If the contract is\n awarded to a group of economic operators (e.g. a consortium), the participants in\n the group must assume joint and several liability and appoint a joint authorized representative.\n Before the award decision, the tenderer to whom the contracting authority intends\n to award the contract must provide documentation for the information provided in the\n ESPD in accordance with sections 151 and 152 of the Public Procurement Act, cf. section\n 12 of the Implementation Order.
Banedanmark may require the submission of documentation\n at any time during the tender process if deemed necessary.
7) Banedanmark\n will accept the documentation for grounds for exclusion that appears from e-Certis,\n cf. section 152(3) of the Danish Public Procurement Act, cf. § 12 of the Implementation\n Order. Documentation may include the following forms of evidence:
- An extract\n from the relevant register or equivalent document issued by a competent judicial or\n administrative authority, showing that the applicant is not covered by the grounds\n for exclusion, or A certificate issued by the competent authority in the country concerned\n as proof that the applicant is not covered by the grounds for exclusion. If the country\n concerned does not issue the abovementioned documents or certificates, or these do\n not cover all the grounds for exclusion, they may be replaced by a declaration under\n oath. If the tenderer is found to be covered by a ground for exclusion, the tenderer\n has the option of initiating a self-cleaning procedure, cf. § 138 of the Danish Public\n Procurement Act, cf. § 11(1)(2) of the Implementation Order.
8) The candidate\n may rely on the capacities of other entities (e.g. a parent or a fellow subsidiary\n or a sub-supplier) regardless of the nature of the legal relationship between the\n candidate and such other entities.
The supporting entities may not be affected\n by any of the exclusion grounds.
The other entity(ies) on which the candidate\n relies must therefore also submit a completed ESPD with the information requested\n by Banedanmark.
In the suitability assessment, in case a candidate relies on\n a supporting entity, Banedanmark will perform an overall assessment of the information\n provided by the candidate and the supporting entity. Together, they must meet the\n defined minimum requirements for suitability.
In connection with obtaining documentation,\n a candidate/tenderer relying on the capacities of other entities must submit a letter\n of support proving that the relevant supporting entity has a legal obligation towards\n the candidate/tenderer. The candidate/tenderer may use Appendix B “Template for declaration\n of support”.
9) Tenders can only be submitted for the entire scope of the\n contract.
10) The contracting authority does not provide participation fees.
11)\n Mandatory exclusion grounds:
Banedanmark must exclude a candidate from participating\n in the procurement procedure if the candidate is subject to the mandatory exclusion\n grounds mentioned in sections 134a, 135 and 136 of the Danish Public Procurement Act.\n
Information on the mandatory exclusion grounds set out in sections 135 and\n 136 must be provided in the following sections of Part III “Exclusion grounds” of\n the ESPD:
Section III.A: “Grounds relating to criminal convictions”
Section\n III.B: “Grounds relating to the payment of taxes or social security contributions”\n
Section III.C: “Grounds relating to insolvency, conflicts of interests or\n professional misconduct”.
12) Discretionary exclusion grounds
In addition,\n Banedanmark will exclude a candidate to whom one or more of the circumstances specified\n in section 137(1)(i)-(iii) and (v) of the Danish Public Procurement Act applies in\n the event of:
the candidate’s non-compliance with environmental, social\n and labour regulations;
the candidate’s (i) bankruptcy, (ii) insolvency,\n (iii) composition with creditors under
which all creditors will be bound, (iv)\n a situation analogous to bankruptcy under
national law, (v) assets being administered\n by a liquidator, and (vi) suspension of
the business activities;
the\n candidate’s agreements with other economic operators with a view to distortion
of\n competition;
the candidate’s attempt to influence the decision-making process\n of the contracting
authority.
Information on the discretionary exclusion\n grounds must be provided in the following sections of Part III “Exclusion grounds”\n of the ESPD: Section III.C: “Grounds relating to insolvency, conflicts of interests\n or professional misconduct”.
13) The estimated contract amount is calculated\n on basis of available pricing information and the estimated future demand for fasteners\n in the contract period.
The maximum contract value is based on the calculated\n estimated value to which is added 20% to cover fluctuations in the contract period\n \n \n \n \n \n 5 Delkontrakt5.1 Teknisk ID for delkontrakten: LOT-0000Titel: Tender for fasteners and rail pads for the sleeper types: S99, SB16 & S16 for use\n in the Danish rail network\n Beskrivelse: In accordance with the provisions of Directive 2014/25/EU (the Utilities Directive\n as implemented by Executive Order no. 1078 of 29 June 2022 on procurement by entities\n operating in the water, energy, transport and postal services sectors), a framework\n agreement for supply of fasteners and rail pads for the sleeper types: S99, SB16 &\n S16 for use in the Danish rail network as well as the product type acceptance process\n for the offered sleepers and rail pads is put out to tender.
The framework\n agreement gives Banedanmark a right, but not an obligation, to order the above-mentioned\n fasteners and rail pads.
The Framework Agreement is exclusive regarding\n supply of fasteners to be used at Banedanmark's Sleeper Factory.
Fasteners\n to be used in connection with maintenance and replacement of existing fasteners in\n Banedanmark’s infrastructure are not covered by this agreement.
The execution\n of the Framework Agreement is divided into three phases:
(1) Design, Validation\n and Product Type Acceptance Phase
(2) Retrofitting of Sleeper Factory Phase
(3)\n Manufacturing and Delivery Production Phase
For more information reference\n is made to the tender material.\n \n 5.1.1 FormålKontraktens hovedformål: Varer\n Primær klassifikation (cpv): 34947000 Sveller og dele af sveller\n Supplerende klassifikation (cpv): 34941000 Skinner og tilbehør\n Supplerende klassifikation (cpv): 34946000 Materialer og forsyninger til anlæg af jernbanespor\n Supplerende klassifikation (cpv): 34946100 Byggematerialer til jernbanespor\n Supplerende klassifikation (cpv): 34946230 Klemplader, underlag og sveller\n \n 5.1.2 UdførelsesstedPostadresse: Banedanmark Sleeper Factory, Vejlbyvej 1 \n \n \n Landsdel (NUTS): Østjylland (DK042)\n \n \n \n 5.1.2 UdførelsesstedPostadresse: Banedanmark Warehouse Vest, Bygholm Parkvej 4 \n \n \n Landsdel (NUTS): Østjylland (DK042)\n \n \n \n 5.1.2 UdførelsesstedPostadresse: Banedanmark Warehouse Halø, Kærup Industrivej 5 \n \n \n Landsdel (NUTS): Vest- og Sydsjælland (DK022)\n \n \n \n \n 5.1.4 FornyelseHøjeste antal fornyelser: 2\n Yderligere oplysninger om fornyelser: This Framework Agreement will expire without further notice four (4) years after signature.\n
Subject to a written notice of at least three (3) months to the date of\n expiry of the Framework Agreement, Banedanmark may extend the Framework Agreement\n by two (2) years. Banedanmark may effect such extension two (2) times and thus extend\n the Framework Agreement by up to in total eight (8) years.\n \n 5.1.5 VærdiAnslået værdi eksklusiv moms: 410.000.000 Dansk krone\n Rammeaftalens maksimumværdi: 490.000.000 Dansk krone\n \n 5.1.6 Generelle oplysningerIndkøbsprojekt, der ikke finansieres med EU-midler\n Udbuddet er omfattet af aftalen om offentlige udbud (GPA): ja\n Yderligere oplysninger: 1) In the event of changes to selected applicants or tenderers, the rules in Section\n 147 of the Danish Public Procurement Act shall apply in full.
2) It is noted\n that each applicant may only submit one application for prequalification.
3)\n The contracting authority may request applicants to supplement, clarify or complete\n the application pursuant to Article 76(4) of the Utilities Directive, if the applications\n or tenders do not meet the formal requirements of the tender documents.
4)\n The EU’s fifth package of sanctions (Regulation (EU) 2022/576) As a result of the\n EU’s fifth package of sanctions, see Regulation (EU) 2022/576 of 8 April 2022 amending\n Regulation (EU) no. 833/2014 concerning restrictive
measures in view of Russia’s\n actions destabilising the situation in Ukraine), contracting authorities or entities\n in the EU may not award public contracts or concessions to the following types of\n tenderers: Russian nationals, undertakings or other legal entities established in\n Russia; non-Russian undertakings which are (directly or indirectly) owned for more\n than 50% by a Russian national or undertaking; non-Russian undertakings acting on\n behalf of a Russian national or undertaking. Russian sub suppliers and supporting\n entities are also covered by the sanctions if their contribution accounts for 10%\n or more of the contract value.
Before making the award decision, Banedanmark\n will request to receive documentation that the tenderer is not comprised by the prohibition,\n see clause 8. For this purpose, the tenderer may use Appendix C “Solemn declaration\n re. fifth package of sanctions”.
5) The Danish Investment Screening Act\n
In section section 1.1.5 of the Tender Specifications, Banedanmark has requested\n the tenderers to state whether their conclusion of the framework agreement is subject\n to the requirement for authorisation under the Danish Investment Screening Act. Further\n guidance on the Act and its scope of application is available here (in
Danish):\n https://erhvervsstyrelsen.dk/vejledning-aktiviteter-omfattet-af-investeringsscreeningsloven.\n
The tenderer is responsible for applying for and obtaining authorisation\n if the tenderer’s conclusion of the framework agreement is subject to the Act. Banedanmark’s\n award decision is made subject to the successful tenderer submitting documentation.\n
Banedanmark reserves the right during the procurement process to request\n candidates and tenderers to provide information about whether their contract conclusion\n is covered by the Act and to provide a status on any application for authorisation.\n
6) Participation in the tender can only be done electronically via the contracting\n authority's electronic tendering system. In order to access the tender documents and\n participate in the process, interested companies must register online. As part of\n their tender, the tenderer must complete and submit an ESPD as preliminary
evidence\n of the conditions mentioned in Section 148 of the Public Procurement Act, cf. Section\n 12 of the Implementing Order. In the case of a group of undertakings (e.g. a consortium),\n a separate ESPD must be submitted for each of the participating economic operators.\n If the tenderer relies on the capabilities of other entities, an
ESPD must be\n submitted for each of the entities on which the tenderer relies. If the contract is\n awarded to a group of economic operators (e.g. a consortium), the participants in\n the group must assume joint and several liability and appoint a joint authorized representative.\n Before the award decision, the tenderer to whom the contracting authority intends\n to award the contract must provide documentation for the information provided in the\n ESPD in accordance with sections 151 and 152 of the Public Procurement Act, cf. section\n 12 of the Implementation Order.
Banedanmark may require the submission of documentation\n at any time during the tender process if deemed necessary.
7) Banedanmark\n will accept the documentation for grounds for exclusion that appears from e-Certis,\n cf. section 152(3) of the Danish Public Procurement Act, cf. § 12 of the Implementation\n Order. Documentation may include the following forms of evidence:
- An extract\n from the relevant register or equivalent document issued by a competent judicial or\n administrative authority, showing that the applicant is not covered by the grounds\n for exclusion, or A certificate issued by the competent authority in the country concerned\n as proof that the applicant is not covered by the grounds for exclusion. If the country\n concerned does not issue the abovementioned documents or certificates, or these do\n not cover all the grounds for exclusion, they may be replaced by a declaration under\n oath. If the tenderer is found to be covered by a ground for exclusion, the tenderer\n has the option of initiating a self-cleaning procedure, cf. § 138 of the Danish Public\n Procurement Act, cf. § 11(1)(2) of the Implementation Order.
8) The candidate\n may rely on the capacities of other entities (e.g. a parent or a fellow subsidiary\n or a sub-supplier) regardless of the nature of the legal relationship between the\n candidate and such other entities.
The supporting entities may not be affected\n by any of the exclusion grounds.
The other entity(ies) on which the candidate\n relies must therefore also submit a completed ESPD with the information requested\n by Banedanmark.
In the suitability assessment, in case a candidate relies on\n a supporting entity, Banedanmark will perform an overall assessment of the information\n provided by the candidate and the supporting entity. Together, they must meet the\n defined minimum requirements for suitability.
In connection with obtaining documentation,\n a candidate/tenderer relying on the capacities of other entities must submit a letter\n of support proving that the relevant supporting entity has a legal obligation towards\n the candidate/tenderer. The candidate/tenderer may use Appendix B “Template for declaration\n of support”.
9) Tenders can only be submitted for the entire scope of the\n contract.
10) The contracting authority does not provide participation fees.
11)\n Mandatory exclusion grounds:
Banedanmark must exclude a candidate from participating\n in the procurement procedure if the candidate is subject to the mandatory exclusion\n grounds mentioned in sections 134a, 135 and 136 of the Danish Public Procurement Act.\n
Information on the mandatory exclusion grounds set out in sections 135 and\n 136 must be provided in the following sections of Part III “Exclusion grounds” of\n the ESPD:
Section III.A: “Grounds relating to criminal convictions”
Section\n III.B: “Grounds relating to the payment of taxes or social security contributions”\n
Section III.C: “Grounds relating to insolvency, conflicts of interests or\n professional misconduct”.
12) Discretionary exclusion grounds
In addition,\n Banedanmark will exclude a candidate to whom one or more of the circumstances specified\n in section 137(1)(i)-(iii) and (v) of the Danish Public Procurement Act applies in\n the event of:
the candidate’s non-compliance with environmental, social\n and labour regulations;
the candidate’s (i) bankruptcy, (ii) insolvency,\n (iii) composition with creditors under
which all creditors will be bound, (iv)\n a situation analogous to bankruptcy under
national law, (v) assets being administered\n by a liquidator, and (vi) suspension of
the business activities;
the\n candidate’s agreements with other economic operators with a view to distortion
of\n competition;
the candidate’s attempt to influence the decision-making process\n of the contracting
authority.
Information on the discretionary exclusion\n grounds must be provided in the following sections of Part III “Exclusion grounds”\n of the ESPD: Section III.C: “Grounds relating to insolvency, conflicts of interests\n or professional misconduct”.
13) The estimated contract amount is calculated\n on basis of available pricing information and the estimated future demand for fasteners\n in the contract period.
The maximum contract value is based on the calculated\n estimated value to which is added 20% to cover fluctuations in the contract period\n \n \n 5.1.10 TildelingskriterierKriterium:\n \n Beskrivelse: Reference is made to the tender specifications section 7.\n Kategori for tildelingskriteriet tærskel: Vægtning (procentdel, præcis)Tildelingskriterium talværdi: 80\n \n \n Kriterium:\n Navn: Process and support\n Beskrivelse: Reference is made to the tender specifications section 7.\n Kategori for tildelingskriteriet tærskel: Vægtning (procentdel, præcis)Tildelingskriterium talværdi: 20\n \n \n \n 5.1.15 TeknikkerRammeaftale:Rammeaftale uden fornyet iværksættelse af konkurrence\n \n Oplysninger om det dynamiske indkøbssystem:Intet dynamisk indkøbssystem\n \n \n 5.1.16 Yderligere oplysninger, mægling og gennemgangOrganisation med ansvar for klager: Klagenævnet for Udbud\n Oplysninger om klagefrister: In the case of a tender with prequalification pursuant to the Danish Public Procurement\n Act, the Danish Utilities Directive or the Danish Tenders Act, a complaint about not\n having been prequalified must be submitted within 20 calendar days. This is calculated\n from the day after the contracting authority sends the notification of prequalification.\n Other complaints about tenders or decisions, e.g. award of contracts, covered by Title\n II or III of the Danish Public Procurement Act or the Danish Utilities Directive,\n must be submitted 45 calendar days from the day after the contracting authority publishes\n a notice in the Official Journal of the European Union on the conclusion of the contract.
At\n the latest at the same time as a complaint is submitted to the Complaints Board for\n Public Procurement, the complainant must inform the Contracting Entity in writing\n that the complaint is sub-mitted to the Complaints Board for Public Procurement. If\n the Contracting Entity has held a volun-tary standstill period, see section 17(2)\n of the Act, complaints must also indicate whether the complaint has been lodged during\n the standstill period, see section 6(4) of the Act, or if the complaint has not been\n lodged during the standstill period, whether the complainant requests suspensive effect\n of the complaint, see section 12(1) of the Act.
If the complaint concerns\n violations of the Danish Public Procurement Act or Sections 191 and 192 of the Danish\n Public Procurement Act, the complaint period is 45 calendar days from the day after\n the contracting authority is notified of the
award decision.Complaints about the\n conclusion of a framework agreement pursuant to the Public Procurement Act (Part II,\n III and Sections 191 and 192), the Utilities Directive or the Tender Act must be submitted\n to the Complaints Board within 6 months from the day after the contracting authority's\n notification of the award decision.Complaints about the conclusion of a contract based\n on a framework agreement with reopening of competition or a dynamic purchasing system\n covered by Title II or III of the Public Procurement Act or the Utilities Directive\n must be submitted to the Complaints Board within 30 calendar days from the day after\n the contracting authority was notified of the award decision.Complaints about a contracting\n authority's decision to continue a contract (Section 185(2) of the Public Procurement\n Act) must be submitted to the Complaints Board within 20 calendar days from the day\n after the contracting authority has published its decision (Section 185(2), 3rd sentence\n of the Public Procurement Act).If the contracting authority has followed the procedure\n in Section 4 of the Danish Public Procurement Complaints Board Act, a complaint that\n the contracting authority, in violation of the Public Procurement Directive or the\n Utilities Directive, has concluded a contract without prior publication of a contract\n notice must be submitted to the Complaints Board within 30 calendar days from the\n day after the contracting authority's publication of a notice in the Official Journal\n of the European Union regarding the conclusion of a contract.\n Organisation, der leverer supplerende oplysninger om udbudsproceduren: Banedanmark\n Organisation, der sikrer adgang til udbudsdokumenterne offline: Banedanmark\n Organisation, der leverer yderligere oplysninger om klageprocedurerne: Konkurrence- og Forbrugerstyrelsen\n \n \n \n 6 Resultater6.1 Resultat delkontrakt-ID: LOT-0000Der er ikke udvalgt en vinder, og konkurrencen er afsluttet.\n Årsagen til at der ikke udvælges en vinder: Andet\n 6.1.4 Statistiske oplysningerResumé af de klager som køberen har modtaget:\n \n Modtagne tilbud og ansøgninger om deltagelse:Type modtagne indgivelser: Ansøgning om deltagelseAntal modtagne tilbud og ansøgninger om deltagelse: 4\n \n \n \n \n \n 8 Organisationer8.1 ORG-0001Officielt navn: Banedanmark\n Registreringsnummer: 18632276\n \n Postadresse: Carsten Niebuhrs Gade 43 \n \n \n Landsdel (NUTS): Byen København (DK011)\n \n \n \n \n Internetadresse: https://www.bane.dk/\n Køberprofil: https://eu.eu-supply.com/ctm/company/companyinformation/index/340853\n Denne organisations roller:\n Organisation, der leverer supplerende oplysninger om udbudsproceduren\n Organisation, der sikrer adgang til udbudsdokumenterne offline\n \n \n 8.1 ORG-0002Officielt navn: Klagenævnet for Udbud\n Registreringsnummer: 37795526\n Postadresse: Nævnenes Hus, Toldboden 2 \n \n \n Landsdel (NUTS): Østjylland (DK042)\n \n E-mail: klfu@naevneneshus.dk\n \n Internetadresse: https://naevneneshus.dk/start-din-klage/klagenaevnet-for-udbud/\n Denne organisations roller:Organisation med ansvar for klager\n \n \n 8.1 ORG-0003Officielt navn: Konkurrence- og Forbrugerstyrelsen\n Registreringsnummer: 10294819\n Postadresse: Carl Jacobsens Vej 35 \n \n \n Landsdel (NUTS): Byen København (DK011)\n \n \n \n Internetadresse: http://www.kfst.dk\n Denne organisations roller:Organisation, der leverer yderligere oplysninger om klageprocedurerne\n \n \n 8.1 ORG-0004Officielt navn: Mercell Holding ASA\n Registreringsnummer: 980921565\n Postadresse: Askekroken 11 \n \n \n Landsdel (NUTS): Oslo (NO081)\n \n \n E-mail: publication@mercell.com\n \n \n Internetadresse: http://mercell.com/\n Denne organisations roller:\n \n \n \n Oplysninger om bekendtgørelsenBekendtgørelsens ID: 1c7a5d35-9784-47cc-8af4-66a2bf7ade10 - 01\n \n Bekendtgørelsestype: Bekendtgørelse om indgåede kontrakter eller koncessionstildeling – standardordningen\n Afsendelsesdato for bekendtgørelsen: 19-12-2025 10:59 +00:00\n Dato for afsendelse af bekendtgørelsen (eSender): 19-12-2025 11:00 +00:00\n Bekendtgørelsens officielle sprog: engelsk \n Bekendtgørelsesnummer: 00854053-2025\n \n Offentliggørelsesdato: 22-12-2025\n \n \n","htmlEN":"\n\n \n 1 Buyer1.1 BuyerOfficial name: Banedanmark\n Legal type of the buyer: Central government authority\n Activity of the contracting authority: General public services\n Activity of the contracting entity: Railway services\n \n \n 2 Procedure2.1 ProcedureTitle: Tender for fasteners and rail pads for the sleeper types: S99, SB16 & S16 for use\n in the Danish rail network\n Description: In accordance with the provisions of Directive 2014/25/EU (the Utilities Directive\n as implemented by Executive Order no. 1078 of 29 June 2022 on procurement by entities\n operating in the water, energy, transport and postal services sectors), a framework\n agreement for supply of fasteners and rail pads for the sleeper types: S99, SB16 &\n S16 for use in the Danish rail network as well as the product type acceptance process\n for the offered sleepers and rail pads is put out to tender.
The framework\n agreement gives Banedanmark a right, but not an obligation, to order the above-mentioned\n fasteners and rail pads.
The Framework Agreement is exclusive regarding\n supply of fasteners to be used at Banedanmark's Sleeper Factory.
Fasteners\n to be used in connection with maintenance and replacement of existing fasteners in\n Banedanmark’s infrastructure are not covered by this agreement.
The execution\n of the Framework Agreement is divided into three phases:
(1) Design, Validation\n and Product Type Acceptance Phase
(2) Retrofitting of Sleeper Factory Phase
(3)\n Manufacturing and Delivery Production Phase
For more information reference\n is made to the tender material.\n Procedure identifier: eea4e8b5-2c22-4744-b9c2-df8fcec3afa8\n Previous notice: ccf06f4e-b7c7-4a02-a689-1402df2acf66-01\n Internal identifier: 2024-23087\n Type of procedure: Negotiated with prior publication of a call for competition / competitive with negotiation\n The procedure is accelerated: no\n Main features of the procedure: The procurement will be conducted as a negotiated procedure, and the framework agreement\n will expectedly be awarded to the tenderer submitting the most economically advantageous\n tender based on the award criterion, see section 7 of the tender specifications.
The\n procurement process is as follows:
1. Request for prequalification: The\n economic operators submit a request for prequalification. Based on the requests received,\n Banedanmark will prequalify four (4) economic operators.
2. Invitation to\n submit an initial tender: Banedanmark invites the prequalified economic operators\n to submit an initial tender. Accordingly, tenders may only be submitted by economic\n operators that have been prequalified.
3. Submission of initial tender:\n The prequalified economic operators submit an initial tender. The initial tenders\n form the basis of the subsequent negotiation meetings. Please note: Banedanmark reserves\n the right to award directly on the basis of initial offers, in which case no negotiation\n meetings will be held.
4. Negotiation meetings: Tenderers having submitted\n an initial tender in due time will subsequently be invited to a negotiation meeting.
The\n negotiations will be conducted in accordance with the principle of equal treatment,\n which means that all tenderers will be allotted the same time for negotiations with\n Banedanmark. One (1) negotiation meeting will be held with each tenderer. The negotiation\n meeting is expected to have a maximum duration of four (4) hours, but Banedanmark\n reserves the right to change the duration should this prove to be required.
Before\n the negotiation meeting, Banedanmark will forward an agenda for the meeting and a\n specification of the key issues which Banedanmark wishes to discuss with the tenderer.\n It should be noted that this specification is not exhaustive and that other issues\n than those specified beforehand may also be discussed at the individual negotiation\n meetings.
The purpose of the negotiations is partly to allow the tenderers to\n optimise their tenders, partly to ensure that the tenderers submit compliant tenders.\n Finally, the negotiations may also cause Banedanmark to revise the tender documents.\n During the negotiations, Banedanmark will provide the individual tenderer with general\n information about its overall view of the strengths and weaknesses of the initial\n tender. However, it is the sole responsibility of the tenderer to ensure that it ultimately\n submits a compliant final tender.
Banedanmark wishes as a starting point to negotiate\n on these points:
Type-approval process of the offered fasteners
Process for\n retrofitting of Sleeper Factory (if necessary)
Special conditions and elements\n that affect delivery time and ability
Logistics (including warehousing, delivery\n and transport)
Other issues that are relevant to the process will also be\n subject for the negotiation meetings.
The expected time of the negotiation meetings\n is set out in clause 3.
The negotiation meetings will be held at the following\n address:
Banedanmark
Carsten Niebuhrs Gade 43
1577 Copenhagen V
\n Denmark
As an exception, negation meetings can be held via Teams.
The tenderer\n is requested to inform Banedanmark about which persons will represent the tenderer\n at the negotiation meeting (name, position and company name). The information should\n be provided via the “Messaging” section in EU-Supply no later than four (4) calendar\n days before the meeting.
Banedanmark will prepare minutes after each negotiation\n meeting. These minutes will not be made public. The individual minutes will only be\n sent to the tenderer participating in the meeting. If questions of a general nature\n were discussed at a negotiation meeting, the answers to such questions in anonymised\n form will be communicated to all tenderers via EU-Supply, see clause 2.3 of the tender\n specifications.
.
The tenderer will be given the opportunity to comment on\n and confirm the information in the minutes. No independent, legal relevance for the\n submission of a final tender may be assigned to the minutes, as the final tender is\n to be submitted solely on the basis of the final tender documents.
Based\n on the negotiation meetings, Banedanmark will prepare revised tender documents, which\n will form the basis of the tenderers’ final tenders.
As part of the revision,\n Banedanmark, in full compliance with the principles of equal treatment and transparency,\n may change the contents of, withdraw or add new “general requirements” or “evaluation\n requirements”. Moreover, Banedanmark may make changes or additions to the information/documents\n to be attached to the final tender. However, the changes/additions may not cause the\n characteristics of the services put out to tender to change or cause the services\n to no longer be within the scope of the description provided in the contract notice.\n Moreover, fundamental elements may not be changed, including “minimum requirements”.\n
However, linguistic clarifications, correction of obvious errors and inexpediencies,\n etc. are always allowed, in full compliance with the principles of equal treatment\n and transparency.
5. Publication of revised tender documents:\n After completion of the negotiation meetings, Banedanmark will issue revised tender\n documents, which will form the basis of the tenderers’ final tenders.
6.\n Submission of final tender: The tenderers submit their final tenders, which will be\n evaluated by Banedanmark.
7. Contract award: Banedanmark will award the framework\n agreement to the tenderer which has submitted the most economically advantageous tender\n based on the award criterion.
The economic operators participating in the\n tender proces will not be paid for participating in the proces.
For a detailed\n review of the above process, see the description provided in the tender material.\n 2.1.1 PurposeMain nature of the contract: Supplies\n Main classification (cpv): 34947000 Sleepers and parts of sleepers\n Additional classification (cpv): 34941000 Rails and accessories\n Additional classification (cpv): 34946000 Railway-track construction materials and supplies\n Additional classification (cpv): 34946100 Railway-track construction materials\n Additional classification (cpv): 34946230 Rail clips, bedplates and ties\n \n 2.1.2 Place of performancePostal address: Banedanmark Sleeper Factory, Vejlbyvej 1 \n \n \n Country subdivision (NUTS): Østjylland (DK042)\n \n \n 2.1.2 Place of performancePostal address: Banedanmark Warehouse Vest, Bygholm Parkvej 4 \n \n \n Country subdivision (NUTS): Østjylland (DK042)\n \n \n 2.1.2 Place of performancePostal address: Banedanmark Warehouse Halø, Kærup Industrivej 5 \n \n \n Country subdivision (NUTS): Vest- og Sydsjælland (DK022)\n \n \n 2.1.3 ValueEstimated value excluding VAT: 410.000.000 Danish krone\n Maximum value of the framework agreement: 490.000.000 Danish krone\n \n 2.1.4 General informationCall for competition is terminated\n Additional information: 1) In the event of changes to selected applicants or tenderers, the rules in Section\n 147 of the Danish Public Procurement Act shall apply in full.
2) It is noted\n that each applicant may only submit one application for prequalification.
3)\n The contracting authority may request applicants to supplement, clarify or complete\n the application pursuant to Article 76(4) of the Utilities Directive, if the applications\n or tenders do not meet the formal requirements of the tender documents.
4)\n The EU’s fifth package of sanctions (Regulation (EU) 2022/576) As a result of the\n EU’s fifth package of sanctions, see Regulation (EU) 2022/576 of 8 April 2022 amending\n Regulation (EU) no. 833/2014 concerning restrictive
measures in view of Russia’s\n actions destabilising the situation in Ukraine), contracting authorities or entities\n in the EU may not award public contracts or concessions to the following types of\n tenderers: Russian nationals, undertakings or other legal entities established in\n Russia; non-Russian undertakings which are (directly or indirectly) owned for more\n than 50% by a Russian national or undertaking; non-Russian undertakings acting on\n behalf of a Russian national or undertaking. Russian sub suppliers and supporting\n entities are also covered by the sanctions if their contribution accounts for 10%\n or more of the contract value.
Before making the award decision, Banedanmark\n will request to receive documentation that the tenderer is not comprised by the prohibition,\n see clause 8. For this purpose, the tenderer may use Appendix C “Solemn declaration\n re. fifth package of sanctions”.
5) The Danish Investment Screening Act\n
In section section 1.1.5 of the Tender Specifications, Banedanmark has requested\n the tenderers to state whether their conclusion of the framework agreement is subject\n to the requirement for authorisation under the Danish Investment Screening Act. Further\n guidance on the Act and its scope of application is available here (in
Danish):\n https://erhvervsstyrelsen.dk/vejledning-aktiviteter-omfattet-af-investeringsscreeningsloven.\n
The tenderer is responsible for applying for and obtaining authorisation\n if the tenderer’s conclusion of the framework agreement is subject to the Act. Banedanmark’s\n award decision is made subject to the successful tenderer submitting documentation.\n
Banedanmark reserves the right during the procurement process to request\n candidates and tenderers to provide information about whether their contract conclusion\n is covered by the Act and to provide a status on any application for authorisation.\n
6) Participation in the tender can only be done electronically via the contracting\n authority's electronic tendering system. In order to access the tender documents and\n participate in the process, interested companies must register online. As part of\n their tender, the tenderer must complete and submit an ESPD as preliminary
evidence\n of the conditions mentioned in Section 148 of the Public Procurement Act, cf. Section\n 12 of the Implementing Order. In the case of a group of undertakings (e.g. a consortium),\n a separate ESPD must be submitted for each of the participating economic operators.\n If the tenderer relies on the capabilities of other entities, an
ESPD must be\n submitted for each of the entities on which the tenderer relies. If the contract is\n awarded to a group of economic operators (e.g. a consortium), the participants in\n the group must assume joint and several liability and appoint a joint authorized representative.\n Before the award decision, the tenderer to whom the contracting authority intends\n to award the contract must provide documentation for the information provided in the\n ESPD in accordance with sections 151 and 152 of the Public Procurement Act, cf. section\n 12 of the Implementation Order.
Banedanmark may require the submission of documentation\n at any time during the tender process if deemed necessary.
7) Banedanmark\n will accept the documentation for grounds for exclusion that appears from e-Certis,\n cf. section 152(3) of the Danish Public Procurement Act, cf. § 12 of the Implementation\n Order. Documentation may include the following forms of evidence:
- An extract\n from the relevant register or equivalent document issued by a competent judicial or\n administrative authority, showing that the applicant is not covered by the grounds\n for exclusion, or A certificate issued by the competent authority in the country concerned\n as proof that the applicant is not covered by the grounds for exclusion. If the country\n concerned does not issue the abovementioned documents or certificates, or these do\n not cover all the grounds for exclusion, they may be replaced by a declaration under\n oath. If the tenderer is found to be covered by a ground for exclusion, the tenderer\n has the option of initiating a self-cleaning procedure, cf. § 138 of the Danish Public\n Procurement Act, cf. § 11(1)(2) of the Implementation Order.
8) The candidate\n may rely on the capacities of other entities (e.g. a parent or a fellow subsidiary\n or a sub-supplier) regardless of the nature of the legal relationship between the\n candidate and such other entities.
The supporting entities may not be affected\n by any of the exclusion grounds.
The other entity(ies) on which the candidate\n relies must therefore also submit a completed ESPD with the information requested\n by Banedanmark.
In the suitability assessment, in case a candidate relies on\n a supporting entity, Banedanmark will perform an overall assessment of the information\n provided by the candidate and the supporting entity. Together, they must meet the\n defined minimum requirements for suitability.
In connection with obtaining documentation,\n a candidate/tenderer relying on the capacities of other entities must submit a letter\n of support proving that the relevant supporting entity has a legal obligation towards\n the candidate/tenderer. The candidate/tenderer may use Appendix B “Template for declaration\n of support”.
9) Tenders can only be submitted for the entire scope of the\n contract.
10) The contracting authority does not provide participation fees.
11)\n Mandatory exclusion grounds:
Banedanmark must exclude a candidate from participating\n in the procurement procedure if the candidate is subject to the mandatory exclusion\n grounds mentioned in sections 134a, 135 and 136 of the Danish Public Procurement Act.\n
Information on the mandatory exclusion grounds set out in sections 135 and\n 136 must be provided in the following sections of Part III “Exclusion grounds” of\n the ESPD:
Section III.A: “Grounds relating to criminal convictions”
Section\n III.B: “Grounds relating to the payment of taxes or social security contributions”\n
Section III.C: “Grounds relating to insolvency, conflicts of interests or\n professional misconduct”.
12) Discretionary exclusion grounds
In addition,\n Banedanmark will exclude a candidate to whom one or more of the circumstances specified\n in section 137(1)(i)-(iii) and (v) of the Danish Public Procurement Act applies in\n the event of:
the candidate’s non-compliance with environmental, social\n and labour regulations;
the candidate’s (i) bankruptcy, (ii) insolvency,\n (iii) composition with creditors under
which all creditors will be bound, (iv)\n a situation analogous to bankruptcy under
national law, (v) assets being administered\n by a liquidator, and (vi) suspension of
the business activities;
the\n candidate’s agreements with other economic operators with a view to distortion
of\n competition;
the candidate’s attempt to influence the decision-making process\n of the contracting
authority.
Information on the discretionary exclusion\n grounds must be provided in the following sections of Part III “Exclusion grounds”\n of the ESPD: Section III.C: “Grounds relating to insolvency, conflicts of interests\n or professional misconduct”.
13) The estimated contract amount is calculated\n on basis of available pricing information and the estimated future demand for fasteners\n in the contract period.
The maximum contract value is based on the calculated\n estimated value to which is added 20% to cover fluctuations in the contract period\n \n \n \n \n \n 5 Lot5.1 Lot technical ID: LOT-0000Title: Tender for fasteners and rail pads for the sleeper types: S99, SB16 & S16 for use\n in the Danish rail network\n Description: In accordance with the provisions of Directive 2014/25/EU (the Utilities Directive\n as implemented by Executive Order no. 1078 of 29 June 2022 on procurement by entities\n operating in the water, energy, transport and postal services sectors), a framework\n agreement for supply of fasteners and rail pads for the sleeper types: S99, SB16 &\n S16 for use in the Danish rail network as well as the product type acceptance process\n for the offered sleepers and rail pads is put out to tender.
The framework\n agreement gives Banedanmark a right, but not an obligation, to order the above-mentioned\n fasteners and rail pads.
The Framework Agreement is exclusive regarding\n supply of fasteners to be used at Banedanmark's Sleeper Factory.
Fasteners\n to be used in connection with maintenance and replacement of existing fasteners in\n Banedanmark’s infrastructure are not covered by this agreement.
The execution\n of the Framework Agreement is divided into three phases:
(1) Design, Validation\n and Product Type Acceptance Phase
(2) Retrofitting of Sleeper Factory Phase
(3)\n Manufacturing and Delivery Production Phase
For more information reference\n is made to the tender material.\n Internal identifier: 2024-23087\n 5.1.1 PurposeMain nature of the contract: Supplies\n Main classification (cpv): 34947000 Sleepers and parts of sleepers\n Additional classification (cpv): 34941000 Rails and accessories\n Additional classification (cpv): 34946000 Railway-track construction materials and supplies\n Additional classification (cpv): 34946100 Railway-track construction materials\n Additional classification (cpv): 34946230 Rail clips, bedplates and ties\n \n 5.1.2 Place of performancePostal address: Banedanmark Sleeper Factory, Vejlbyvej 1 \n \n \n Country subdivision (NUTS): Østjylland (DK042)\n \n \n \n 5.1.2 Place of performancePostal address: Banedanmark Warehouse Vest, Bygholm Parkvej 4 \n \n \n Country subdivision (NUTS): Østjylland (DK042)\n \n \n \n 5.1.2 Place of performancePostal address: Banedanmark Warehouse Halø, Kærup Industrivej 5 \n \n \n Country subdivision (NUTS): Vest- og Sydsjælland (DK022)\n \n \n \n 5.1.3 Estimated duration\n \n 5.1.4 Renewal\n Other information about renewals: This Framework Agreement will expire without further notice four (4) years after signature.\n
Subject to a written notice of at least three (3) months to the date of\n expiry of the Framework Agreement, Banedanmark may extend the Framework Agreement\n by two (2) years. Banedanmark may effect such extension two (2) times and thus extend\n the Framework Agreement by up to in total eight (8) years.\n \n 5.1.5 ValueEstimated value excluding VAT: 410.000.000 Danish krone\n Maximum value of the framework agreement: 490.000.000 Danish krone\n \n 5.1.6 General informationProcurement Project not financed with EU Funds.\n The procurement is covered by the Government Procurement Agreement (GPA): yes\n Additional information: 1) In the event of changes to selected applicants or tenderers, the rules in Section\n 147 of the Danish Public Procurement Act shall apply in full.
2) It is noted\n that each applicant may only submit one application for prequalification.
3)\n The contracting authority may request applicants to supplement, clarify or complete\n the application pursuant to Article 76(4) of the Utilities Directive, if the applications\n or tenders do not meet the formal requirements of the tender documents.
4)\n The EU’s fifth package of sanctions (Regulation (EU) 2022/576) As a result of the\n EU’s fifth package of sanctions, see Regulation (EU) 2022/576 of 8 April 2022 amending\n Regulation (EU) no. 833/2014 concerning restrictive
measures in view of Russia’s\n actions destabilising the situation in Ukraine), contracting authorities or entities\n in the EU may not award public contracts or concessions to the following types of\n tenderers: Russian nationals, undertakings or other legal entities established in\n Russia; non-Russian undertakings which are (directly or indirectly) owned for more\n than 50% by a Russian national or undertaking; non-Russian undertakings acting on\n behalf of a Russian national or undertaking. Russian sub suppliers and supporting\n entities are also covered by the sanctions if their contribution accounts for 10%\n or more of the contract value.
Before making the award decision, Banedanmark\n will request to receive documentation that the tenderer is not comprised by the prohibition,\n see clause 8. For this purpose, the tenderer may use Appendix C “Solemn declaration\n re. fifth package of sanctions”.
5) The Danish Investment Screening Act\n
In section section 1.1.5 of the Tender Specifications, Banedanmark has requested\n the tenderers to state whether their conclusion of the framework agreement is subject\n to the requirement for authorisation under the Danish Investment Screening Act. Further\n guidance on the Act and its scope of application is available here (in
Danish):\n https://erhvervsstyrelsen.dk/vejledning-aktiviteter-omfattet-af-investeringsscreeningsloven.\n
The tenderer is responsible for applying for and obtaining authorisation\n if the tenderer’s conclusion of the framework agreement is subject to the Act. Banedanmark’s\n award decision is made subject to the successful tenderer submitting documentation.\n
Banedanmark reserves the right during the procurement process to request\n candidates and tenderers to provide information about whether their contract conclusion\n is covered by the Act and to provide a status on any application for authorisation.\n
6) Participation in the tender can only be done electronically via the contracting\n authority's electronic tendering system. In order to access the tender documents and\n participate in the process, interested companies must register online. As part of\n their tender, the tenderer must complete and submit an ESPD as preliminary
evidence\n of the conditions mentioned in Section 148 of the Public Procurement Act, cf. Section\n 12 of the Implementing Order. In the case of a group of undertakings (e.g. a consortium),\n a separate ESPD must be submitted for each of the participating economic operators.\n If the tenderer relies on the capabilities of other entities, an
ESPD must be\n submitted for each of the entities on which the tenderer relies. If the contract is\n awarded to a group of economic operators (e.g. a consortium), the participants in\n the group must assume joint and several liability and appoint a joint authorized representative.\n Before the award decision, the tenderer to whom the contracting authority intends\n to award the contract must provide documentation for the information provided in the\n ESPD in accordance with sections 151 and 152 of the Public Procurement Act, cf. section\n 12 of the Implementation Order.
Banedanmark may require the submission of documentation\n at any time during the tender process if deemed necessary.
7) Banedanmark\n will accept the documentation for grounds for exclusion that appears from e-Certis,\n cf. section 152(3) of the Danish Public Procurement Act, cf. § 12 of the Implementation\n Order. Documentation may include the following forms of evidence:
- An extract\n from the relevant register or equivalent document issued by a competent judicial or\n administrative authority, showing that the applicant is not covered by the grounds\n for exclusion, or A certificate issued by the competent authority in the country concerned\n as proof that the applicant is not covered by the grounds for exclusion. If the country\n concerned does not issue the abovementioned documents or certificates, or these do\n not cover all the grounds for exclusion, they may be replaced by a declaration under\n oath. If the tenderer is found to be covered by a ground for exclusion, the tenderer\n has the option of initiating a self-cleaning procedure, cf. § 138 of the Danish Public\n Procurement Act, cf. § 11(1)(2) of the Implementation Order.
8) The candidate\n may rely on the capacities of other entities (e.g. a parent or a fellow subsidiary\n or a sub-supplier) regardless of the nature of the legal relationship between the\n candidate and such other entities.
The supporting entities may not be affected\n by any of the exclusion grounds.
The other entity(ies) on which the candidate\n relies must therefore also submit a completed ESPD with the information requested\n by Banedanmark.
In the suitability assessment, in case a candidate relies on\n a supporting entity, Banedanmark will perform an overall assessment of the information\n provided by the candidate and the supporting entity. Together, they must meet the\n defined minimum requirements for suitability.
In connection with obtaining documentation,\n a candidate/tenderer relying on the capacities of other entities must submit a letter\n of support proving that the relevant supporting entity has a legal obligation towards\n the candidate/tenderer. The candidate/tenderer may use Appendix B “Template for declaration\n of support”.
9) Tenders can only be submitted for the entire scope of the\n contract.
10) The contracting authority does not provide participation fees.
11)\n Mandatory exclusion grounds:
Banedanmark must exclude a candidate from participating\n in the procurement procedure if the candidate is subject to the mandatory exclusion\n grounds mentioned in sections 134a, 135 and 136 of the Danish Public Procurement Act.\n
Information on the mandatory exclusion grounds set out in sections 135 and\n 136 must be provided in the following sections of Part III “Exclusion grounds” of\n the ESPD:
Section III.A: “Grounds relating to criminal convictions”
Section\n III.B: “Grounds relating to the payment of taxes or social security contributions”\n
Section III.C: “Grounds relating to insolvency, conflicts of interests or\n professional misconduct”.
12) Discretionary exclusion grounds
In addition,\n Banedanmark will exclude a candidate to whom one or more of the circumstances specified\n in section 137(1)(i)-(iii) and (v) of the Danish Public Procurement Act applies in\n the event of:
the candidate’s non-compliance with environmental, social\n and labour regulations;
the candidate’s (i) bankruptcy, (ii) insolvency,\n (iii) composition with creditors under
which all creditors will be bound, (iv)\n a situation analogous to bankruptcy under
national law, (v) assets being administered\n by a liquidator, and (vi) suspension of
the business activities;
the\n candidate’s agreements with other economic operators with a view to distortion
of\n competition;
the candidate’s attempt to influence the decision-making process\n of the contracting
authority.
Information on the discretionary exclusion\n grounds must be provided in the following sections of Part III “Exclusion grounds”\n of the ESPD: Section III.C: “Grounds relating to insolvency, conflicts of interests\n or professional misconduct”.
13) The estimated contract amount is calculated\n on basis of available pricing information and the estimated future demand for fasteners\n in the contract period.
The maximum contract value is based on the calculated\n estimated value to which is added 20% to cover fluctuations in the contract period\n \n 5.1.7 Strategic procurement\n 5.1.10 Award criteriaCriterion:\n \n Description: Reference is made to the tender specifications section 7.\n Category of award threshold criterion: Weight (percentage, exact)Award criterion number: 80\n \n \n Criterion:\n Name: Process and support\n Description: Reference is made to the tender specifications section 7.\n Category of award threshold criterion: Weight (percentage, exact)Award criterion number: 20\n \n \n \n 5.1.15 TechniquesFramework agreement:Framework agreement, without reopening of competition\n \n Information about the dynamic purchasing system:No dynamic purchase system\n \n \n 5.1.16 Further information, mediation and reviewReview organisation: Klagenævnet for Udbud\n Information about review deadlines: In the case of a tender with prequalification pursuant to the Danish Public Procurement\n Act, the Danish Utilities Directive or the Danish Tenders Act, a complaint about not\n having been prequalified must be submitted within 20 calendar days. This is calculated\n from the day after the contracting authority sends the notification of prequalification.\n Other complaints about tenders or decisions, e.g. award of contracts, covered by Title\n II or III of the Danish Public Procurement Act or the Danish Utilities Directive,\n must be submitted 45 calendar days from the day after the contracting authority publishes\n a notice in the Official Journal of the European Union on the conclusion of the contract.
At\n the latest at the same time as a complaint is submitted to the Complaints Board for\n Public Procurement, the complainant must inform the Contracting Entity in writing\n that the complaint is sub-mitted to the Complaints Board for Public Procurement. If\n the Contracting Entity has held a volun-tary standstill period, see section 17(2)\n of the Act, complaints must also indicate whether the complaint has been lodged during\n the standstill period, see section 6(4) of the Act, or if the complaint has not been\n lodged during the standstill period, whether the complainant requests suspensive effect\n of the complaint, see section 12(1) of the Act.
If the complaint concerns\n violations of the Danish Public Procurement Act or Sections 191 and 192 of the Danish\n Public Procurement Act, the complaint period is 45 calendar days from the day after\n the contracting authority is notified of the
award decision.Complaints about the\n conclusion of a framework agreement pursuant to the Public Procurement Act (Part II,\n III and Sections 191 and 192), the Utilities Directive or the Tender Act must be submitted\n to the Complaints Board within 6 months from the day after the contracting authority's\n notification of the award decision.Complaints about the conclusion of a contract based\n on a framework agreement with reopening of competition or a dynamic purchasing system\n covered by Title II or III of the Public Procurement Act or the Utilities Directive\n must be submitted to the Complaints Board within 30 calendar days from the day after\n the contracting authority was notified of the award decision.Complaints about a contracting\n authority's decision to continue a contract (Section 185(2) of the Public Procurement\n Act) must be submitted to the Complaints Board within 20 calendar days from the day\n after the contracting authority has published its decision (Section 185(2), 3rd sentence\n of the Public Procurement Act).If the contracting authority has followed the procedure\n in Section 4 of the Danish Public Procurement Complaints Board Act, a complaint that\n the contracting authority, in violation of the Public Procurement Directive or the\n Utilities Directive, has concluded a contract without prior publication of a contract\n notice must be submitted to the Complaints Board within 30 calendar days from the\n day after the contracting authority's publication of a notice in the Official Journal\n of the European Union regarding the conclusion of a contract.\n Organisation providing additional information about the procurement procedure: Banedanmark\n Organisation providing offline access to the procurement documents: Banedanmark\n Organisation providing more information on the review procedures: Konkurrence- og Forbrugerstyrelsen\n \n \n \n 6 Results6.1 Result lot ldentifier: LOT-0000No winner was chosen and the competition is closed.\n The reason why a winner was not chosen: Other\n 6.1.4 Statistical informationSummary of the review requests the buyer received:Number of complainants: 0\n \n Received tenders or requests to participate:Type of received submissions: Requests to participateNumber of tenders or requests to participate received: 4\n \n \n \n \n \n 8 Organisations8.1 ORG-0001Official name: Banedanmark\n Registration number: 18632276\n \n Postal address: Carsten Niebuhrs Gade 43 \n \n \n Country subdivision (NUTS): Byen København (DK011)\n \n Contact point: Ole Flyvbjerg\n \n \n Internet address: https://www.bane.dk/\n Buyer profile: https://eu.eu-supply.com/ctm/company/companyinformation/index/340853\n Roles of this organisation:\n Organisation providing additional information about the procurement procedure\n Organisation providing offline access to the procurement documents\n \n \n 8.1 ORG-0002Official name: Klagenævnet for Udbud\n Registration number: 37795526\n Postal address: Nævnenes Hus, Toldboden 2 \n \n \n Country subdivision (NUTS): Østjylland (DK042)\n \n Email: klfu@naevneneshus.dk\n \n Internet address: https://naevneneshus.dk/start-din-klage/klagenaevnet-for-udbud/\n Roles of this organisation:\n \n \n 8.1 ORG-0003Official name: Konkurrence- og Forbrugerstyrelsen\n Registration number: 10294819\n Postal address: Carl Jacobsens Vej 35 \n \n \n Country subdivision (NUTS): Byen København (DK011)\n \n \n \n Internet address: http://www.kfst.dk\n Roles of this organisation:Organisation providing more information on the review procedures\n \n \n 8.1 ORG-0004Official name: Mercell Holding ASA\n Registration number: 980921565\n Postal address: Askekroken 11 \n \n \n Country subdivision (NUTS): Oslo (NO081)\n \n \n Email: publication@mercell.com\n \n \n Internet address: http://mercell.com/\n Roles of this organisation:\n \n \n \n Notice informationNotice identifier/version: 1c7a5d35-9784-47cc-8af4-66a2bf7ade10 - 01\n \n Notice type: Contract or concession award notice – standard regime\n Notice dispatch date: 19-12-2025 10:59 +00:00\n Notice dispatch date (eSender): 19-12-2025 11:00 +00:00\n Languages in which this notice is officially available: English \n Notice publication number: 00854053-2025\n OJ S issue number: 246/2025\n Publication date: 22-12-2025\n \n \n","opsummeringDA":{"card":{"titel":"Tender for fasteners and rail pads for the sleeper types: S99, SB16 & S16 for use in the Danish rail network","ordregiver":"Banedanmark","ordregiverId":"18632276","ordregiverIdDatavasket":"18632276","publiceringsdato":"2025-12-22+01:00","cpvKode":"34947000","cpvTitel":"Sveller og dele af sveller","formulartype":"Resultater","formulartypeKode":"result","tidsfrister":[],"alleOrdregivere":["Banedanmark"],"anslaaetVaerdi":"410000000","anslaaetVaerdiValuta":"DKK","beskrivelse":"In accordance with the provisions of Directive 2014/25/EU (the Utilities Directive as implemented by Executive Order no. 1078 of 29 June 2022 on procurement by entities operating in the water, energy, transport and postal services sectors), a framework agreement for supply of fasteners and rail pads for the sleeper types: S99, SB16 & S16 for use in the Danish rail network as well as the product type acceptance process for the offered sleepers and rail pads is put out to tender. \n\nThe framework agreement gives Banedanmark a right, but not an obligation, to order the above-mentioned fasteners and rail pads. \n\nThe Framework Agreement is exclusive regarding supply of fasteners to be used at Banedanmark's Sleeper Factory.\n\nFasteners to be used in connection with maintenance and replacement of existing fasteners in Banedanmark’s infrastructure are not covered by this agreement. \n\nThe execution of the Framework Agreement is divided into three phases: \n(1) Design, Validation and Product Type Acceptance Phase \n(2) Retrofitting of Sleeper Factory Phase\n(3) Manufacturing and Delivery Production Phase\n\nFor more information reference is made to the tender material.","bkSubTypeKode":"30","bkSubType":"Bekendtgørelse om indgåede kontrakter – sektordirektivet, standardordningen","erAendring":false},"indholdsType":"HENTET_FRA_TED","sekundaereOrdregivere":[],"udforelsesstedNutsCode":["DK042","DK042","DK022"],"udforelsesstedSubLand":["Østjylland","Østjylland","Vest- og Sydsjælland"],"udforelsesstedLand":["Danmark","Danmark","Danmark"],"udforelsesstedBy":["Fredericia","Horsens","Ringsted"],"tilbudsfrister":[],"intressentfrister":[],"deltagelsefrister":[],"svarfrister":[],"antalParts":0,"antalLots":1,"udbudsDokumenter":[]},"opsummeringEN":{"card":{"titel":"Tender for fasteners and rail pads for the sleeper types: S99, SB16 & S16 for use in the Danish rail network","ordregiver":"Banedanmark","ordregiverId":"18632276","ordregiverIdDatavasket":"18632276","publiceringsdato":"2025-12-22+01:00","cpvKode":"34947000","cpvTitel":"Sleepers and parts of sleepers","formulartype":"Result","formulartypeKode":"result","tidsfrister":[],"alleOrdregivere":["Banedanmark"],"anslaaetVaerdi":"410000000","anslaaetVaerdiValuta":"DKK","beskrivelse":"In accordance with the provisions of Directive 2014/25/EU (the Utilities Directive as implemented by Executive Order no. 1078 of 29 June 2022 on procurement by entities operating in the water, energy, transport and postal services sectors), a framework agreement for supply of fasteners and rail pads for the sleeper types: S99, SB16 & S16 for use in the Danish rail network as well as the product type acceptance process for the offered sleepers and rail pads is put out to tender. \n\nThe framework agreement gives Banedanmark a right, but not an obligation, to order the above-mentioned fasteners and rail pads. \n\nThe Framework Agreement is exclusive regarding supply of fasteners to be used at Banedanmark's Sleeper Factory.\n\nFasteners to be used in connection with maintenance and replacement of existing fasteners in Banedanmark’s infrastructure are not covered by this agreement. \n\nThe execution of the Framework Agreement is divided into three phases: \n(1) Design, Validation and Product Type Acceptance Phase \n(2) Retrofitting of Sleeper Factory Phase\n(3) Manufacturing and Delivery Production Phase\n\nFor more information reference is made to the tender material.","bkSubTypeKode":"30","bkSubType":"Contract award notice – sectoral directive, standard regime","erAendring":false},"indholdsType":"HENTET_FRA_TED","sekundaereOrdregivere":[],"udforelsesstedNutsCode":["DK042","DK042","DK022"],"udforelsesstedSubLand":["Østjylland","Østjylland","Vest- og Sydsjælland"],"udforelsesstedLand":["Denmark","Denmark","Denmark"],"udforelsesstedBy":["Fredericia","Horsens","Ringsted"],"tilbudsfrister":[],"intressentfrister":[],"deltagelsefrister":[],"svarfrister":[],"antalParts":0,"antalLots":1,"udbudsDokumenter":[]}}