Danemarca – Lucrări de construcţii – Copenhagen - New Metroline, M5 Civil Works South

Danish Competition and Consumer Agency As defined in Article 2 of Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime (OJ L 300, 11.11.2008, p. 42). The information provided in Part III of the ESPD constitutes preliminary documentation that the applicant is not subject to any of the grounds for exclusion, cf. section 1.6 above. The applicant must, upon request by Metroselskabet, provide final documentation in the form of: (i) for applicants established in Denmark, a certificate (serviceattest) issued by the Danish Business Authority; (ii) for applicants established in another EU/EEA member state, corresponding documentation as indicated in eCertis; and (iii) for applicants established outside the EU/EEA, comparable documentation, in each case in accordance with section 153 and section 152, subs. 3 of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments), cf. section 12 of Executive Order No. 1078 of 29 June 2022 Please refer to the draft contract and its attachments for further details regarding the terms and conditions of performance. The draft contract contains requirements regarding trainees, labour rights, operational health and safety and diversity, ref. is made to operational health and safety, diversity, ref. made to M5-1-CWS-CA.C to M5-1-CWS-CA.I. For the performance of the contract in regards to the target price model, ref. is made to M5-1-CWS-CA. LIQUIDATED DAMAGES Liquidated damages applies in case of delays, reasons related to social clauses and reasons related to occupational health and safety clauses, ref is made to M5-1-CWS-CA . As defined in Article 3 of the Convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union, OJ C 195, 25.6.1997, p. 1, and in Article 2(1) of Council Framework Decision 2003/568/JHA of 22 July 2003 on combating corruption in the private sector (OJ L 192, 31.7.2003, p. 54). This exclusion ground also includes corruption as defined in the national law of the contracting authority (contracting entity) or the economic operator. The information provided in Part III of the ESPD constitutes preliminary documentation that the applicant is not subject to any of the grounds for exclusion, cf. section 1.6 above. The applicant must, upon request by Metroselskabet, provide final documentation in the form of: (i) for applicants established in Denmark, a certificate (serviceattest) issued by the Danish Business Authority; (ii) for applicants established in another EU/EEA member state, corresponding documentation as indicated in eCertis; and (iii) for applicants established outside the EU/EEA, comparable documentation, in each case in accordance with section 153 and section 152, subs. 3 of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments), cf. section 12 of Executive Order No. 1078 of 29 June 2022. As defined in Articles 1 and 3 of Council Framework Decision of 13 June 2002 on combating terrorism (OJ L 164, 22.6.2002, p. 3). This exclusion ground also includes inciting or aiding or abetting or attempting to commit an offence, as referred to in Article 4 of that Framework Decision. The information provided in Part III of the ESPD constitutes preliminary documentation that the applicant is not subject to any of the grounds for exclusion, cf. section 1.6 above. The applicant must, upon request by Metroselskabet, provide final documentation in the form of: (i) for applicants established in Denmark, a certificate (serviceattest) issued by the Danish Business Authority; (ii) for applicants established in another EU/EEA member state, corresponding documentation as indicated in eCertis; and (iii) for applicants established outside the EU/EEA, comparable documentation, in each case in accordance with section 153 and section 152, subs. 3 of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments), cf. section 12 of Executive Order No. 1078 of 29 June 2022. SELECTION CRITERIA Among the applicants who (i) are not subject to any of the grounds for exclusion and (ii) satisfy the minimum requirements for economic and financial capacity and technical and professional capacity, Metroselskabet will select three (3) applicants to be invited to participate in the negotiation – and tender phase. The selection shall be carried out on the basis of the submitted references. Metroselskabet will select the three (3) applicants showing the most relevant experience. The assessment will be based on the submitted references, and Metroselskabet will put emphasize on the applications showing the relevant experience with most of the elements described in the five (5) categories below. A maximum of 10 references may be submitted for construction projects, covering some or all the elements below: 1. References showing experience with underground projects 2. References showing experience with aboveground projects 3. References showing experience with project where CO2 emissions were calculated and monitored during design and construction 4. References showing experience with projects where OHS were implemented in design and construction 5. References showing experience with the use of digital tools during design and construction.: By Underground projects and aboveground projects is meant: Design, construction and project management of tunnels, viaducts, stations and underground projects in an urban and complex stakeholder environment, preferably metro projects and/or design, construction and project management of other major infrastructure projects, preferably metros and railways By experience with CO2 emissions is meant: Calculation and monitoring of CO2 emissions during the construction or construction phase and/or material selection, preferably larger construction projects Implementation of specific measures to reduce CO2 emissions or environmental impact, preferably larger construction projects. By experiences with Occupational Health and Safety is meant: Identification and assessment of occupational health and safety risks in the design and/or planning phase, preferably in larger infrastructure projects. By experiences with the use of digital tools during design and construction is meant: Projects showing experiences with using digital methods and tools actively used during design and construction, References showing several or all elements as described above will be assessed to be more relevant than references showing less of the elements above. By “completed” is meant completed by formal handover before the deadline for submission of the application for prequalification. By "design" is meant the final project planning of detailed design. By “larger construction” is meant projects of a similar scale as M5 or close to the economical size of M5. MINIMUM REQUIREMENTS EQUITY The applicant must meet the following minimum requirement for economic and financial capacity: The applicant must, in the most recently completed financial year for which an annual report is available, present an equity of no less than 100,000,000.00 EUR for the last completed financial year. If the applicant is a consortium and/or relies on supporting entities, the minimum requirements set out above must be fulfilled by the consortium participants and/or the applicant and the supporting entities on a combined basis, so that the relevant key figures of the individual consortium participants and/or the applicant and the supporting entities are aggregated for the purpose of assessing compliance with each minimum requirement. As preliminary documentation of the applicant's fulfilment of the minimum requirements for economic and financial capacity, the applicant must provide information on the key figures set out above in Part IV, Section B of the ESPD. Unless the information is publicly available, fulfilment of the minimum requirements must, upon request by Metroselskabet, be finally documented by submission of: (i) for applicants established in Denmark, an audited annual report; (ii) for applicants established in another EU/EEA member state, an annual report accompanied by a corresponding audit statement from the country in which the applicant is established, or corresponding documentation as indicated in eCertis; and (iii) for applicants established outside the EU/EEA, comparable documentation, in each case in accordance with section 154 of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments), cf. section 12 of Executive Order No. 1078 of 29 June 2022. If the applicant has not yet completed a financial year for which an annual report is available, the applicant may document its economic and financial capacity by other appropriate documentation in accordance with section 154, subs. 2 of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments). The above information must be submitted for the applicant itself or – if the applicant is a consortium and/or relies on supporting entities – for all participants in the consortium and/or the applicant and all supporting entities. DOCUMENTATION OF THE INFORMATION IN THE ESPD: Metroselskabet may at any time during the procurement process require that applicants or tenderers submit final documentation for the information provided in the ESPD regarding grounds for exclusion, fulfilment of minimum requirements for economic and financial capacity and technical and professional capacity, and the selection criterion. If the applicant or tenderer is a consortium and/or relies on supporting entities, final documentation must be submitted for each participant in the consortium and/or for the applicant or tenderer and each supporting entity. Metroselskabet expects to request final documentation for the information provided in the ESPD from the selected applicants in connection with the notification of prequalification, in accordance with section 151(2) of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments) (udbudsloven), cf. section 12 of Executive Order No. 1078 of 29 June 2022. ECONOMIC OPERATORS FROM THIRD COUNTRIES: With respect to this section 5.1.6 referring to the Government Procurement Agreement (GPA), it is noted that Metroselskabet will decide, based on an individual assessment, if economic operators from a third country which has not concluded an international agreement with the European Union guaranteeing equal and reciprocal access to the procurement may participate in the procurement procedure and, if Metroselskabet decides to admit them to the process, if provision should be made for an adjustment of the result arising from a comparison between tenders submitted by those operators and those submitted by operators covered by EU procurement rules during the procedure. MINIMUM REQUIREMENTS YEARLY TURNOVER The applicant must meet the following minimum requirement for economic and financial capacity. The applicant must, in the each of the last three (3) completed financial years for which annual reports are available present yearly turnover. The yearly turnover must be at least 1,700,000,000.00 EUR for the last last financial available year. If the applicant is a consortium and/or relies on supporting entities, the minimum requirements set out above must be fulfilled by the consortium participants and/or the applicant and the supporting entities on a combined basis, so that the relevant key figures of the individual consortium participants and/or the applicant and the supporting entities are aggregated for the purpose of assessing compliance with each minimum requirement. As preliminary documentation of the applicant's fulfilment of the minimum requirements for economic and financial capacity, the applicant must provide information on the key figures set out above in Part IV, Section B of the ESPD. Unless the information is publicly available, fulfilment of the minimum requirements must, upon re-quest by Metroselskabet, be finally documented by submission of: (i) for applicants established in Denmark, an audited annual report; (ii) for applicants established in another EU/EEA member state, an annual report accompanied by a corresponding audit statement from the country in which the applicant is established, or corresponding documentation as indicated in eCertis; and (iii) for applicants established outside the EU/EEA, comparable documentation, in each case in accordance with section 154 of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments), cf. section 12 of Statutory Order No. 1078 of 29 June 2022. If the applicant has not yet completed a financial year for which an annual report is available, the ap-plicant may document its economic and financial capacity by other appropriate documentation in ac-cordance with section 154, subs. 2 of the Danish Public Procurement Act (Act No. 1564 of 15 Decem-ber 2015 with subsequent amendments). The above information must be submitted for the applicant itself or – if the applicant is a consortium and/or relies on supporting entities – for all participants in the consortium and/or the applicant and all supporting entities. Danish Board of Complaints As defined in Article 2 of Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA (OJ L 101, 15.4.2011, p. 1). The information provided in Part III of the ESPD constitutes preliminary documentation that the applicant is not subject to any of the grounds for exclusion, cf. section 1.6 above. The applicant must, upon request by Metroselskabet, provide final documentation in the form of: (i) for applicants established in Denmark, a certificate (serviceattest) issued by the Danish Business Authority; (ii) for applicants established in another EU/EEA member state, corresponding documentation as indicated in eCertis; and (iii) for applicants established outside the EU/EEA, comparable documentation, in each case in accordance with section 153 and section 152, subs. 3 of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments), cf. section 12 of Executive Order No. 1078 of 29 June 2022. The applicant must meet the following minimum requirement for economic and financial capacity: The applicant must, in the each of the last three (3) completed financial years for which annual reports are available present a quick ratio of at least 1. When calculating the quick ratio the following formular must be applied: Quick ratio = Liquid current assets / Adjusted current liabilities where: Liquid current assets = Current assets – Inventory – Prepaid expenses Adjusted current liabilities = Current liabilities excluding advance payments If the applicant is a consortium and/or relies on supporting entities, the minimum requirements set out above must be fulfilled by the consortium participants and/or the applicant and the supporting entities on a combined basis, so that the relevant key figures of the individual consortium participants and/or the applicant and the supporting entities are aggregated for the purpose of assessing compliance with each minimum requirement. As preliminary documentation of the applicant's fulfilment of the minimum requirements for economic and financial capacity, the applicant must provide information on the key figures set out above in Part IV, Section B of the ESPD. Unless the information is publicly available, fulfilment of the minimum requirements must, upon re-quest by Metroselskabet, be finally documented by submission of: (i) for applicants established in Denmark, an audited annual report; (ii) for applicants established in another EU/EEA member state, an annual report accompanied by a corresponding audit statement from the country in which the applicant is established, or corresponding documentation as indicated in eCertis; and (iii) for applicants established outside the EU/EEA, comparable documentation, in each case in accordance with section 154 of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments), cf. section 12 of Statory Order No. 1078 of 29 June 2022. If the applicant has not yet completed a financial year for which an annual report is available, the ap-plicant may document its economic and financial capacity by other appropriate documentation in ac-cordance with section 154, subs. 2 of the Danish Public Procurement Act (Act No. 1564 of 15 Decem-ber 2015 with subsequent amendments). The above information must be submitted for the applicant itself or – if the applicant is a consortium and/or relies on supporting entities – for all participants in the consortium and/or the applicant and all supporting entities. As referred to for the purposes of this procurement in national law, in the relevant notice or the procurement documents or in Article 18(2) of Directive 2014/24/EU. The information provided in Part III of the ESPD constitutes preliminary documentation that the applicant is not subject to any of the grounds for exclusion, cf. section 1.6 above. The applicant must, upon request by Metroselskabet, provide final documentation in the form of: (i) for applicants established in Denmark, a certificate (serviceattest) issued by the Danish Business Authority; (ii) for applicants established in another EU/EEA member state, corresponding documentation as indicated in eCertis; and (iii) for applicants established outside the EU/EEA, comparable documentation, in each case in accordance with section 153 and section 152, subs. 3 of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments), cf. section 12 of Executive Order No. 1078 of 29 June 2022. Metroselskabet I/S - Danish Board of Complaints Information about review deadlines: In accordance with the Danish Complaints Board for Public Procurement Act (Act No. 492 of 12 May 2010 with subsequent amendments) (lov om Klagenævnet for Udbud), the following complaint deadlines apply to the procurement: Appeals regarding failure to become prequalified shall be submitted to the Danish Complaints Board for Public Procurement (Klagenævnet for Udbud) within 20 calendar days, counting from the date after Metroselskabet's dispatch of notification to the affected applicants regarding which applicants have been prequalified, when the notification is accompanied by a statement of reasons for the decision, cf. section 7(1) of the Danish Complaints Board for Public Procurement Act. Other appeals regarding the procurement procedure or decisions, e.g. award of the contract, shall be submitted to the Danish Complaints Board for Public Procurement within 45 calendar days, counting from the date after Metroselskabet's publication of a notice in the Official Journal of the European Union regarding the conclusion of a contract, cf. section 7(2)(1) of the Danish Complaints Board for Public Procurement Act. No later than simultaneously with the submission of a complaint to the Danish Complaints Board for Public Procurement, the complainant shall notify Metroselskabet in writing that a complaint is being submitted to the Danish Complaints Board for Public Procurement. Publications Office of the European Union The sub-criterion Quality comprises of: Technical solution and planning, 16% Management and collaboration, 16% Organization and key personnel, 10% Carbon, 8% Within the meaning of Article 1 of the Convention on the protection of the European Communities' financial interests (OJ C 316, 27.11.1995, p. 48). The information provided in Part III of the ESPD constitutes preliminary documentation that the applicant is not subject to any of the grounds for exclusion, cf. section 1.6 above. The applicant must, upon request by Metroselskabet, provide final documentation in the form of: (i) for applicants established in Denmark, a certificate (serviceattest) issued by the Danish Business Authority; (ii) for applicants established in another EU/EEA member state, corresponding documentation as indicated in eCertis; and (iii) for applicants established outside the EU/EEA, comparable documentation, in each case in accordance with section 153 and section 152, subs. 3 of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments), cf. section 12 of Executive Order No. 1078 of 29 June 2022. Please refer to the draft contract and its attachments for further details regarding the financial terms, including payment terms. Ref. is made to M5-1-CWS-CA, 7. Ref. is also made to M5-1-CWS-CA.0-ABSB, chapter 9. Please also refer to Ref. is made to M5-1-CWS-CA, 7 and M5-1-CWS-CA.0-ABSB, chapter 9, which contains requirements regarding performance bond to be provided by the contractor. This tender presents a substantial opportunity for prospective contractors to bid for the M5 Civil Works South (CWS) package, an important component of the Copenhagen metro system's expansion. This project is of significant strategic importance, as the M5 line is a fully automated driverless metro system that will not only enhance passenger service on existing metro corridors but also extend connectivity to emerging urban development areas, including Kløverparken, Refshaleøen, and Lynetteholm in the East Harbour. The M5 is designed to operate as an independent system, ensuring that its construction and subsequent operation do not disrupt the existing M1-M4 metro lines. MAIN COMPONENTS OF THE M5 CIVIL WORK The M5 south consists of approx 6.5 km twin bored tunnels, 5 underground stations(incl. 3 transfer stations),2 underground crossovers,5 cross passages,1 ramp, approx 2.0 km viaduct,1 elevated station, 1 viaduct cross-over,1 elevated bifurcation, short embankment sections. For further details on scope ref. is made to M5-2.1-CMBS-SW and M5-2.2-CWS-SW PHASES: The current tender, Phase 1, encompasses the southern section of the line, from north-west of København H to north of v/Prags Boulevard, with an anticipated operational commencement in 2036. The broader vision includes phase 2 north of v/Prags Boulevard to Lynetteholm opening in 2045 and a potential future extension to form a ring line, signifying a long-term commitment to urban mobility. Phase 2 is not included in this tender. CONTRACT SPLIT OF M5: The M5 project as a whole consists of several contracts: • M5 Civil Works South (this contract) • M5 Transportation System South contract (tendered out as a separate contract in parallel with M5 Civil Works South) • Operation and Maintenance South contract (will be tendered out at a later stage) • Enabling Works contracts, e.g. relocation of utilities, relocation works at Kh etc. (enabling works will be tendered out in separate contracts) • Station and Shaft areas (will be tendered out at a later stage) • Canopy contracts (will be tendered out at a later stage). CONTRACT The contract is structured as a design & build contract under ABT18 terms, placing comprehensive responsibility for both design and execution upon the Contractor. This two-phase approach—design followed by execution—is a standard framework for complex infrastructure projects. An extensive market dialogue has been carried out before issuing the tender. The purpose of the market dialogue was to learn from the market what would constitute an attractive contract. Metroselskabet I/S is grateful for all the potential tenderers who took their time to participate in the dialogue and those provided input. INDICATIVE TIMESCHEDULE FOR THE PROCUREMENT Issue of invitation to tender September 29 2026 Launch meeting (individual meetings) October 27 – 29 2026 Deadline for submission of initial tender (submission 1): December 15. 2026 at 14:00 (local Danish time) Negotiation meetings January 4. – April 24 2027 Issue of addendum to tender documents May 4 2027 Deadline for submission of revised tender 1 July 26-28 2027 Negotiation meetings August 23-25 2027 Deadline for submission of revised tender 2 October 4-6 2027 Negotiation meetings October 19-21 2027 Deadline for submission of revised tender 3 November 9-11 2027 Notification of award decision December 20 2027 Expiry of standstill period December 30 2027 Signing of Contract Agreement February 2028 The time-schedule may be subject to change. Changes to the timeschedule will be made available in Byggeprojekt.dk. As defined in Article 1 of Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (OJ L 309, 25.11.2005, p. 15). The information provided in Part III of the ESPD constitutes preliminary documentation that the applicant is not subject to any of the grounds for exclusion, cf. section 1.6 above. The applicant must, upon request by Metroselskabet, provide final documentation in the form of: (i) for applicants established in Denmark, a certificate (serviceattest) issued by the Danish Business Authority; (ii) for applicants established in another EU/EEA member state, corresponding documentation as indicated in eCertis; and (iii) for applicants established outside the EU/EEA, comparable documentation, in each case in accordance with section 153 and section 152, subs. 3 of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments), cf. section 12 of Executive Order No. 1078 of 29 June 2022. The information provided in Part III of the ESPD constitutes preliminary documentation that the applicant is not subject to any of the grounds for exclusion, cf. section 1.6 above. The applicant must, upon request by Metroselskabet, provide final documentation in the form of: (i) for applicants established in Denmark, a certificate (serviceattest) issued by the Danish Business Authority; (ii) for applicants established in another EU/EEA member state, corresponding documentation as indicated in eCertis; and (iii) for applicants established outside the EU/EEA, comparable documentation, in each case in accordance with section 153 and section 152, subs. 3 of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments), cf. section 12 of Executive Order No. 1078 of 29 June 2022 Metroselskabet has decided to cancel the tender for Copenhagen - New Metroline, M5 Civil Works South (the ‘CWS Contract’), published under contract notice 466390-2026, dated 07/07/2026. Based on feedback from the market following publication of the tender, it is Metroselskabet's assessment that the scale and complexity of the CWS Contract, including its interfaces with the Copenhagen - New Metroline M5 Transportation System, will require a greater degree of dialogue with tenderers than is possible within the published tender. Additional dialogue will facilitate a better understanding of the CWS Contract and its associated risks and provide an improved basis for the preparation and submission of tenders to meet Metroselskabet’s needs. It is further Metroselskabet’s assessment that certain aspects of the procurement model, the tender submission requirements and the meeting structure may need to be adjusted to ensure appropriate and effective competition under the current market conditions. The nature and extent of the necessary adjustments are such that Metroselskabet considers it necessary to cancel the published tender of the CWS Contract and conduct a re-tender incorporating the necessary adjustments. Metroselskabet expects to re-tender Copenhagen - New Metroline, M5 Civil Works South in September 2026 following a brief market consultation during August 2026. Interested tenderers are encouraged to stay informed via the following channel: https://app.byggeprojekt.dk/webapp/public/2151-M5_CWS_South_New_Metroline_Copenhagen_Market_dialogue For the avoidance of doubt, Metroselskabet confirms that the M5 Project will be carried out. The tender for Copenhagen - New Metroline M5 Transportation System published under contract notice 447896-2026 with subsequent changes is not affected by the cancellation and will proceed as planned. This information needs not be given if exclusion of economic operators in this case has been made mandatory under the applicable national law without any possibility of derogation where the economic operator is nevertheless able to perform the contract. The information provided in Part III of the ESPD constitutes preliminary documentation that the applicant is not subject to any of the grounds for exclusion, cf. section 1.6 above. The applicant must, upon request by Metroselskabet, provide final documentation in the form of: (i) for applicants established in Denmark, a certificate (serviceattest) issued by the Danish Business Authority; (ii) for applicants established in another EU/EEA member state, corresponding documentation as indicated in eCertis; and (iii) for applicants established outside the EU/EEA, comparable documentation, in each case in accordance with section 153 and section 152, subs. 3 of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments), cf. section 12 of Executive Order No. 1078 of 29 June 2022 The information provided in Part III of the ESPD constitutes preliminary documentation that the applicant is not subject to any of the grounds for exclusion, cf. section 1.6 above. The applicant must, upon request by Metroselskabet, provide final documentation in the form of: (i) for applicants established in Denmark, a certificate (serviceattest) issued by the Danish Business Authority; (ii) for applicants established in another EU/EEA member state, corresponding documentation as indicated in eCertis; and (iii) for applicants established outside the EU/EEA, comparable documentation, in each case in accordance with section 153 and section 152, subs. 3 of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments), cf. section 12 of Executive Order No. 1078 of 29 June 2022. Can the economic operator confirm that: a) It has been guilty of serious misrepresentation in supplying the information required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria, b) It has withheld such information, c) It has not been able, without delay, to submit the supporting documents required by a contracting authority or contracting entity, and d) It has undertaken to unduly influence the decision making process of the contracting authority or contracting entity, to obtain confidential information that may confer upon it undue advantages in the procurement procedure or to negligently provide misleading information that may have a material influence on decisions concerning exclusion, selection or award? The information provided in Part III of the ESPD constitutes preliminary documentation that the appli-cant is not subject to any of the grounds for exclusion, cf. section 1.6 above. The applicant must, upon request by Metroselskabet, provide final documentation in the form of: (i) for applicants established in Denmark, a certificate (serviceattest) issued by the Danish Business Authority; (ii) for applicants established in another EU/EEA member state, corresponding documentation as indicated in eCertis; and (iii) for applicants established outside the EU/EEA, comparable documentation, in each case in accordance with section 153 and section 152, subs. 3 of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments), cf. section 12 of Executive Order No. 1078 of 29 June 2022. This information needs not be given if exclusion of economic operators in this case has been made mandatory under the applicable national law without any possibility of derogation where the economic operator is nevertheless able to perform the contract. The information provided in Part III of the ESPD constitutes preliminary documentation that the applicant is not subject to any of the grounds for exclusion, cf. section 1.6 above. The applicant must, upon request by Metroselskabet, provide final documentation in the form of: (i) for applicants established in Denmark, a certificate (serviceattest) issued by the Danish Business Authority; (ii) for applicants established in another EU/EEA member state, corresponding documentation as indicated in eCertis; and (iii) for applicants established outside the EU/EEA, comparable documentation, in each case in accordance with section 153 and section 152, subs. 3 of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments), cf. section 12 of Executive Order No. 1078 of 29 June 2022. Metroselskabet I/S Copenhagen - New Metroline, M5 Civil Works South. MINIMUM REQUIREMENTS The applicant must, within the last fifteen (15) years prior to the expiry of the prequalification deadline set out in section 5.1.12 below, have completed two projects: • one (1) project showing experience with design, construction and project management of an underground Metro project in European Economic Area (EEA) and/or UK, and • One (1) project showing experience with design, construction and project management of a Metro project above ground in EEA and/or UK. By "completed" is meant that the project has been formally handed over and accepted by the contracting authority (employer), in accordance with sections 43–44 of ABT 18, or an equivalent taking-over or completion procedure under the applicable contract or governing law. By "design" is meant the final project planning of detailed design. It is not required that the applicant has carried out the entirety of the design work as part of the project, provided that the applicant has had overall responsibility for the design. Overall responsibility is understood as the contractual responsibility for the project. By “project management” is meant overall management and coordination of design and construction. By “Metro project” is meant an urban rail-based mass transit system (excluding heavy rail and conventional intercity rail) By “underground metro project” is meant a metro a metro constructed primarily below ground (e.g. tunnels). By “metro project above ground” is meant a metro constructed primarily above ground (e.g. viaducts and/or bridges). The extended reference period of fifteen (15) years, as compared to the standard five (5) year period, has been applied in consideration of the complexity and typical duration of metro civil works projects and in order to ensure the widest possible competition by enabling a greater number of potential applicants to demonstrate relevant experience. DOCUMENTATION As preliminary documentation of the applicant’s fulfilment of the minimum requirements for technical and professional capacity (I and II), the applicant must, in Part IV, Section C of the ESPD, provide references for projects that meet the minimum requirements set out above. CONTENT OF THE REFERENCES: The references should as a minimum include information on: • The name of the contracting authority (employer) and contact person, including telephone number and email address. • A brief description of the project, including the applicant’s role in the project. • The contract period, understood as the period from the conclusion (signing) of the contract until handover, as defined under "completed" above in this section 5.1.9. • The contract value in DKK or EUR. If the applicant completed the project to which the reference relates as part of a consortium and/or relies on supporting entities, the applicant should, in respect of its role in the project, state the following: • If the applicant completed the project to which the reference relates as part of a consortium, this should appear from the reference with a clear indication of which task(s)/ function(s) each participant in the consortium has carried out (if any). Ad section 5.1.5 :The indicated contract value is estimated. REQUEST FOR SUPPLEMENTARY INFORMATION AND DOCUMENTATION: Metroselskabet reserves the right to request applicants to supplement, clarify or complete the application for prequalification, including the information and documentation submitted in relation to the grounds for exclusion, the minimum requirements and the selection criterion, within an appropriate time limit, in accordance with article 76(4) of the Utilities Directive (Directive 2014/25/EU). NOTIFICATION OF PREQUALIFICATION: All applicants will, in accordance with section 2(2)(1) of the Danish Complaints Board for Public Procurement Act (Act No. 492 of 12 May 2010 with subsequent amendments) (lov om Klagenævnet for Udbud), simultaneously and in writing be notified of the decision taken regarding selection of applicants. QUESTIONS AND ANSWERS Any questions regarding the prequalification phase must be uploaded to Metroselskabet’s procurement portal (Byggeprojekt). Questions will be answered on an ongoing basis and as soon as possible. Questions received no later than 12 days prior to the prequalification deadline will always be answered, unless the nature of the question precludes Metroselskabet from answering the question no later than 6 calendar days before the expiry of the prequalification deadline. Questions submitted after the above deadline, but earlier than 6 calendar days before the expiry of the prequalification deadline, will also be answered, unless the nature of the question precludes Metroselskabet from providing an answer no later than 6 calendar days before the expiry of the prequalification deadline. Questions submitted later than 6 calendar days before the expiry of the prequalification deadline cannot be expected to be answered. Questions and answers will be published in anonymised form in Byggeprojekt. REQUIREMENTS FOR APPLICATION FOR PREQUALIFICATION Applications for prequalification must be submitted by uploading a completed ESPD. The ESPD has been generated and published in Metroselskabet’s procurement portal in Byggeprojekt together with the other parts of the tender material. Reference is made to the Danish Competition and Consumer Authority’s “Guide til ESPD – Det fælles europæiske udbudsdokument”, which contains guidance on completing the ESPD: https://www.kfst.dk/vejledninger/kfst/dansk/2020/20203108espddetfaelleseuropaeiskeudbudsdokument/ If the applicant is a consortium or similar, and/or if the applicant relies on supporting entities, a consortium declaration and/or a declaration of support, as applicable, must also be uploaded for the relevant undertakings. APPLICATIONS FROM CONSORTIA OR SIMILAR If the applicant is a consortium or similar grouping of undertakings (a “consortium”), the applicant must indicate this in Part II, Section A of the ESPD. Each participant in the consortium must complete and upload an ESPD as described above. The participants in the consortium must furthermore complete and sign a consortium declaration, corresponding to the template in Instructions to Tenderers, whereby the consortium participants assume joint and several and unlimited liability for the performance of the contract if the contract is awarded to the consortium. The applicant is not required to use the template, but since the declaration to be submitted must have the same content as the template, the applicant is encouraged to do so. APPLICATIONS BASED ON SUPPORTING ENTITIES If the applicant relies on the economic and financial capacity and/or the technical and professional capacity of supporting entities, such as a parent company, a subcontractor or similar, the applicant must indicate this in Part II, Section C of the ESPD. Each of these supporting entities must complete and upload an ESPD as described above. As part of the application for prequalification, the applicant must furthermore upload a signed declaration of support in accordance with article 79, subs. 1 of the Utilities Directive (Directive 2014/25/EU), corresponding to the templates in the Instructions to Tenderers, from each of the supporting entities on which the applicant relies. The applicant is not required to use the template but since the declaration(s) to be submitted must have the same content as the template, the applicant is encouraged to do so. REJECTION OF APPLICANTS ESTABLISHED IN TAX HAVENS Metroselskabet will exclude applicants established in a country that is included in the EU list of non-cooperative jurisdictions for tax purposes and has not acceded to the WTO's Government Procurement Agreement or other trade agreements that oblige Denmark to open the market for public procurement to applicants established in that country. TENDER FEE Metroselskabet will pay a tender fee of EUR 1,000,000.00 to Tenderers participating in Negotiation round 1, ref. made to ITT section 8.1. The Metroselskabet will pay an additional tender fee of EUR 1,000,000.00 to Tenderers who comply with all of the following conditions: Participation in clarification and negotiation meetings relating to the revised tender(s) in Negotiation round 2 and 3 and further negotiation rounds.No tender fee is paid for submitting further revised tenders. If the Tenderer is a consortium or similar grouping of undertakings, the tender fee will only be paid to the consortium and not to each participant in the consortium. For the successful Tenderer, the tender fee will be deducted in the first payment related to the Contract. Copenhagen - New Metroline, M5 Civil Works South Schedule of Prices Metroselskabet IS/ has chosen to use the negotiated procedure for this Contract. The conduct and approach of the negotiations are described below. The negotiation phase is divided into three (3) negotiation rounds. LAUNCH OF NEGOTIATION The negotiation phase will be initiated by an individual launch meeting with each Tenderer. The launch meeting is not a negotiation meeting and serves a solely informational purpose. The purpose of the launch meeting is to (i)confirm receipt of and access to the tender documents, (ii) present the Metroselskabet´s intended organisation of the negotiation phase, The framework for the meetings will allow for a number of breaks throughout the day to provide opportunity for the parties to meet internally and discuss in confidence and breaking the day into a series of sessions. (iii) provide an overview of the key elements of the ITT (iv) Present key issues for the Tenderer to pay attention to during the negotiations, and (v) address any initial queries regarding the negotiation phase. NEGOTIATION ROUND 1 - COMMERCIAL AND TECHNICAL REQUIREMENTW Negotiation round 1 will be conducted on the basis of the initial tender submitted by each Tenderer in accordance with ITT section 7.1. The purpose of Negotiation round 1 is to develop the Tenderer's understanding of the Project, including its risks and technical requirements. The submissions in Negotiation round 1 are intended to facilitate discussion and clarification of the contract requirements and shall not form the basis for award of the Contract. Negotiation meetings during Negotiation round 1 will be based on written submissions from the Tenderers. The requirements for the content of the initial tender being submitted in Negotiation round 1 are described in ITT section 7.1. The Tenderer is encouraged to raise all concerns regarding the commercial and technical aspects of the tender documents during Negotiation round 1, as the Metroselskabet I/S intends to issue amendments to the tender documents after Negotiation round 1 before requesting the first revised tender. NEGOTIATION ROUND 2 - FEEDBACK Negotiation round 2 will be conducted on the basis of the first revised (revised tender 1) tender submitted by each Tenderer in accordance with ITT section 7.2. The purpose of Negotiation round 2 is to provide the Tenderer with feedback on the first revised tender. Negotiation round 2 is intended to provide sufficient clarity on the requirements in the tender documents to enable the Tenderer to submit a compliant second revised tender. The first revised tender will not form the basis for award of the Contract. Negotiation meetings in Negotiation round 2 will be based on written submissions from the Tenderers. The requirements for the content of a complete revised tender are described in ITT section 7.2. The Metroselskabet I/S may issue amendments to the tender documents after Negotiation round 2 in accordance with ITT section 9.2 . However, the Metroselskabet I/S expects the majority of amendments to have been issued prior to Negotiation round 2 and as a result of the negotiations conducted during Negotiation round 1. NEGOTIATION ROUND 3 - CLOSING THE NEGOTIATIONS Negotiation round 3 will be conducted on the basis of the second revised tender (revised tender 2) tender submitted by each Tenderer in accordance with ITT section 7.2. The purpose of Negotiation round 3 is to conclude the negotiation phase and to enable each Tenderer to submit a fully compliant second revised tender to form the basis for award of the Contract. Negotiation meetings in Negotiation round 3 will be based on written submissions from the Tenderers. The requirements for the content of a complete revised tender are described in ITT section 7.2. Metroselskabet I/S intends to award the Contract on the basis of the second revised tender submitted following Negotiation round 3. 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