Danemarca – Cale ferată parţial subterană – Copenhagen - New Metroline, M5 Transportation System

Has the economic operator breached its obligations relating to the payment social security contributions, both in the country in which it is established and in Member State of the contracting authority or contracting entity if other than the country of establishment? 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. Has the economic operator breached its obligations relating to the payment of taxes, both in the country in which it is established and in Member State of the contracting authority or contracting entity if other than the country of establishment? 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. Copenhagen - New Metroline, M5 Transportation System Ad section 5.1.5: The indicated contract value is estimated and includes Maintenance Services and options. PRELIMINARY AND FINAL DOCUMENTATION OF FULFILMENT OF THE SELECTION CRITERION: As preliminary documentation of the applicant’s fulfilment of the selection criterion, the applicant shall provide references for projects demonstrating experience within Category 1 and/or Category 2, cf. the descriptions above. The references shall be provided in Part V of the ESPD and should include the information specified below regarding references for the fulfilment of the minimum requirement for technical and professional capacity. The applicant should expressly indicate in the references whether they are intended to demonstrate experience within Category 1 or Category 2 of the selection criterion. However, Metroselskabet is not bound by such indication and will make an independent assessment of the relevance of the references for the purposes of selection under Category 1 or Category 2 based on the content of the references. A maximum of ten (10) references may be submitted, including references from consortium members and supporting entities. If more than ten (10) references are submitted, Metroselskabet will, for the purpose of the assessment, only take into account the ten (10) most recent references, determined by the date of completion of the project, as defined below section 5.1.9, or – where the reference concerns an ongoing project – the date of conclusion of the contract relating to the project. The information in the references in the applicant’s ESPD constitutes the final documentation for fulfilment of the selection criterion. Metroselskabet reserves the right to contact the stated contact persons for the purpose of verifying the information provided in the references 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. With respect to the ground for exclusion in section 136(1) of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments) (udbudsloven) (referenced in section 2.1.6 above) it is noted that, pursuant to the definition of conflicts of interest in section 24(18) of the Danish Public Procurement Act, conflicts of interest may also arise where an economic operator has conflicting interests that could affect the performance of the contract. This is of particular importance given the fact that the contract pertains to the establishment of critical infrastructure. It is further noted that Metroselskabet reserves the right to ask any applicant or tenderer at any time during the procurement procedure to provide information, documentation, statements or the like that may be deemed relevant by Metroselskabet in cases where there could be a conflict of interest 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. 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/2020/20203108-espd-det-faelles-europaeiske-udbudsdokument/ 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 sub-mitted 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. TENDER FEE Metroselskabet will pay a tender fee of EUR 750,000 to Tenderers participating in the complete dialogue procedure, including round 1-4, as set out in the Instructions to Tenderers. Metroselskabet will pay an additional tender fee of EUR 250,000 to Tenderers who comply with all of the following conditions: 1. Submission of a compliant final tender fulfilling the requirements of the Instructions to Tenderers and Appendices. 2. Participation in technical clarifications, if requested by the Employer, as per the Instructions to Tenderers. 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. The successful Tenderer will not be entitled to, nor receive any tender fees. Tender fees will be paid no later than three months after the conclusion of a contract and a contract award notice has been published. INDICATIVE TIME SCHEDULE The following indicative time schedule is applying to the procurement process. Metroselskabet reserves the right to adjust the schedule at any time, and Tenderers will be notified of any changes via Byggeprojekt. Prequalification: 29 June 2026 - 25. August 2026. Has the economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein been the subject of a conviction by final judgment for money laundering or terrorist financing, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable? 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 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. Is the economic operator the subject of insolvency or winding-up? 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 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. Has the economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein been the subject of a conviction by final judgment for corruption, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable? 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 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. Has the economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein been the subject of a conviction by final judgment for terrorist offences or offences linked to terrorist activities, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable? 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 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. 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 EUR 50,000,000.00. If the applicant is a consortium and/or relies on supporting entities, the minimum requirement 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 the minimum requirement. As preliminary documentation of the applicant's fulfilment of the minimum requirement for economic and financial capacity, the applicant must provide information on the key figure set out above in Part IV, Section B of the ESPD. Unless the information is publicly available, fulfilment of the minimum requirement 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) (udbudsloven), 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(2) of the Danish Public Procurement Act. 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. The applicant must meet the following minimum requirement for technical and professional capacity: The applicant must, within the last ten (10) years prior to the expiry of the prequalification deadline set out in section 5.1.12 below, have completed two (2) projects involving design, installation and delivery of rolling stock for metros. By "completed" is meant that the project has been completed by formal handover from the contractor or supplier to the contracting authority (employer) in accordance with sections 43-44 of ABT 18 or a corresponding procedure under the applicable contract or governing law, by which the contracting authority accepts the works or deliveries as completed in accordance with the requirements of the contract. By "design" is meant the engineering and technical design of the rolling stock, including the preparation of detailed design documentation. 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. By "installation" is meant the physical installation, assembly and integration of the rolling stock, including on-site testing and commissioning. By "delivery" is meant the supply of the rolling stock to the contracting authority (employer), including factory acceptance testing and any site acceptance testing. By “rolling stock” is meant passenger vehicles for metros, whether in the form of driverless vehicles or non-driverless vehicles or any combination thereof. The extended reference period of ten (10) years, as compared to the standard five (5) year period, has been applied in consideration of the complexity and typical duration of metro rolling stock projects and in order to ensure the widest possible competition by enabling a greater number of potential applicants to demonstrate relevant experience. As preliminary documentation of the applicant’s fulfilment of the minimum requirement for technical and professional capacity, the applicant must, in Part IV, Section C of the ESPD, provide references for projects that meet the minimum requirement set out above. The references should as a minimum include: • 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). • If the applicant relies on the technical and professional capacity of one or more supporting entities for the project to which the reference relates, this must be apparent from the reference with a clear indication of the task(s)/function(s) carried out by each such supporting entity. It is not a requirement that the applicant and any supporting entities have completed the relevant projects jointly. For the purpose of fulfilling the minimum requirement, the applicant may rely on references from supporting entities. To the extent the applicant relies on a supporting entity’s capacity, such capacity must be made available for the performance of the contract in accordance with Article 79(2) of the Utilities Directive. If a reference includes services and works that go beyond what is relevant for the assessment of fulfilment of the minimum requirement, the applicant should limit the description to the information relevant for this assessment. If the applicant submits references for projects completed under a framework agreement, the applicant should only provide information for the projects, completed under the framework agreement, which meet the minimum requirement. In such case, the minimum requirement must be fulfilled for each individual project submitted as a reference, and not for the framework agreement as a whole. If the applicant submits references for more than two (2) projects fulfilling the minimum requirement, Metroselskabet will, in the assessment, only attach importance to the two references which have been completed, as defined above in this section 5.1.9, closest in time to the prequalification deadline. If the applicant relies on the same reference(s) for the purpose of documenting fulfilment of both the minimum requirement for technical and professional capacity and the selection criterion such reference(s) must be indicated in both Part IV, Section C and Part V of the ESPD. The references provided by the applicant in Part IV, Section C of the ESPD constitute the final documentation for fulfilment of the minimum requirement for technical and professional capacity. Metroselskabet reserves the right to contact the contact persons stated in the references for the purpose of verifying the information provided therein. Has the economic operator or an undertaking related to it advised the contracting authority or contracting entity or otherwise been involved in the preparation of the procurement procedure? 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. Reference is made to section 2.1 of this contract notice The draft TSS-contract includes options that the Metroselskabet may decide on purchasing as part of the contract: Option 1: To purchase up to 5 additional passenger vehicles. Options 2: To extend the transportation system from Prb-Ref. Option 3: To extend the transportation system from Ref-Lyn. Indsæt beskrivelse af proceduren Deadline for submission of application for prequalification is extended to September 14th 2026, please refer to section 5.1.12 of the change notice Has the economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein been the subject of a conviction by final judgment for fraud, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable? 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 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. Klagenævnet for Udbud Is the economic operator in arrangement with creditors? 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 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. Reference is made to the tender material, including the drafted contract. Has the economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein been the subject of a conviction by final judgment for child labour and other forms of trafficking in human beings, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable? 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 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. Publications Office of the European Union Are the business activities of the economic operator suspended? 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 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. Has the economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein been the subject of a conviction by final judgment for participation in a criminal organisation, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable? 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. In accordance with Act no 492 of 12 May 2010 with subsequent amendments appeals regarding failure to become prequalified shall be submitted to the Complaint Board for Public Procurements within 20 calendar days, counting from the date after issue of notification to applicants regarding which applicants have been prequalified, cf. section 7, subsection 1 of the Act of the Act, if this notification includes a brief account of the relevant reasons for the decision. Other appeals must be submitted to the Complaint Board for Public Procurement within 45 calendar days after publication of announcements on a concluded contract in the Official Journal of the European Union. Konkurrence- og Forbrugersstyrelsen Is the economic operator aware of any conflict of interest, as indicated in national law, the relevant notice or the procurement documents due to its participation in the procurement procedure? 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. Quality is comprised of the following sub-criteria: - Technical Solution 45 %. - CMC 15 %. - Maintenance 5 %. - Project Management 5 %. 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 tender presents a substantial opportunity for prospective contractors to bid for the M5 Transportation System South package (TSS), a critical 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 is also planned to extend connectivity to emerging urban development areas, including Kløverparken, Refshaleøen, and Lynetteholm in the East Harbour. The M5 is to operate as an independent system, ensuring that its construction and subsequent operation do not disrupt the existing M1-M4 metro lines. The current tender, Phase 1, encompasses the southern section of the line, from København H to north of v/Prags Boulevard, with an anticipated operational commencement in 2036. The broader vision includes the northern section with an anticipated operatonal commencement of the last part of the northern section in 2045 (included in the transportation system contract (TSS-contract) as options) and a potential future extension to form a ring line, signifying a long-term commitment to urban mobility. The procurement comprises the following, together constituting a mixed procurement within the meaning of Article 5 (2) of the Utilities Directive: 1) A TRANSPORTATION SYSTEM for M5 south encompassing the subsystems rolling stock (passenger vehicles, service vehicles and rescue trolleys), railway infrastructure (signaling system and other subsystems, excluding permanent way and power supply "on the line"), and a CMC (control and maintenance center). Furthermore, O&M supplies (supplies related to the O&M providers operation and maintenance activities such as maintenance plans and training). “On the line” refers to deliveries outside the CMC (as the Transportation System Contractor (TSC) is itself responsible for power supply and permanent way within the CMC). The integration of the mentioned TS-subsystems and the integration of the scope of supply of the CWC into the Transportation System (including but not limited to permanent way and power supply on the line) is also part of the TSC's responsibilities and forms part of the TSS-contract. Rolling stock, railway Infrastructure and the CMC are further described in M5-2-TSS-SW (Scope of Work) of the tender documents. 2) MAINTENANCE SERVICES following hand over of the Transportation System related to the continued maintenance of the Transportation System (hereinafter Maintenance Services). The TSS-contract covers both the Transportation System and the Maintenance Services. The Maintenance Services are governed by a separate maintenance contract forming an attachment to the TSS-contract (hereinafter Maintenance Contract) The purchase of the Transportation System and the Maintenance Services should therefore be seen as a whole and only one Tenderer will be awarded the contracts. The expected scope and characteristics of the two contracts are described in the tender documents. 3) OPTIONS Three (3) options are included in the TSS-contract: Option 1: The purchase of up to 5 additional passenger vehicles. Option 2: The extension of the transportation system from Prags Boulevard to Refshaleøen. Option 3: The extension of the transportation system from Refshaleøen to Lynetteholm. Metroselskabet’s requirements relating to the Transportation System are set out in the tender documents, including the draft TSS-contract and the Scope of Works document (M5-2-TSS-SW). Requirements may be developed and changed during the competitive dialogue. As regards the Maintenance Contract, no draft contract or draft specifications are included in the tender documents at this stage. This reflects the fact that a central element of the competitive dialogue will be to explore the scope and structure of the Maintenance Contract, including the distribution of maintenance tasks between the TSCand the future operator of the Transportation System (hereinafter the OAMC). As a central element of the dialogue phase, Metroselskabet wishes to explore the advantages and implications of possible distributions of maintenance tasks between the TSC and the OAMC and the technical, commercial and legal terms that will be relevant depending on the maintenance model chosen. The potential models to be discussed and assessed during the dialogue phase are expected to span from a scope of the Maintenance Contract similar to TSSSA models (“Technical Support and Spares Supply Agreements”) to a scope similar to FSA models (“Full Service Agreements”) whereby the Metroselskabet would procure most goods, works and services needed for the maintenance and continued development of the Transportation System from the TSC. However, also models which are “in between” or a model where the scope will change over time may be chosen. Also the options to purchase additional passenger vehicles and options covering the extension of the line (northern section) are subject to dialogue. Both technical and commercial requirements are expected to be discussed including elements related to pricing. For further detailing of items planned to be subject for dialogue, reference is made to the Instructions to Tenderers (M5-0-TSS-ITT). Is the economic operator guilty of grave professional misconduct? 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. Metroselskabet I/S Is the economic operator in in any analogous situation like bankruptcy arising from a similar procedure under national laws and regulations? 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 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. Price Please refer to the draft contract and its attachments for further details regarding the financial terms, including payment terms. Please also refer to the draft contract which contains requirements regarding performance bond and advance payment guarantee to be provided by the contractor. Has the economic operator, to its knowledge, breached its obligations in the field of labour law? 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 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. Is the economic operator bankrupt? 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 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. Has the economic operator, to its knowledge, breached its obligations in the field of social law? 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 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. Has the economic operator, to its knowledge, breached its obligations in the field of environmental law? 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 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. 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 a yearly turnover of no less than EUR 1,000,000,000.00. If the applicant is a consortium and/or relies on supporting entities, the minimum requirement 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 the minimum requirement. As preliminary documentation of the applicant's fulfilment of the minimum requirement for economic and financial capacity, the applicant must provide information on the key figure set out above in Part IV, Section B of the ESPD. Unless the information is publicly available, fulfilment of the minimum requirement 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) (udbudsloven), 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(2) of the Danish Public Procurement Act. 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. Tenders must cover the entire works tendered and specified in the tender material. Thus, it is not possible to submit tenders for only parts of the works. LIQUIDATED DAMAGES Liquidated damages applies in case of delays, reasons related to social clauses and reasons related to occupational health and safety clauses, cf. clause 28 of the draft contract to which reference is made. SELECTION AMONG SUITABLE APPLICANTS (SELECTION CRITERION): The following describes the selection criterion and is divided into three headings (1-3), with headings highlighted in capitals. 1. SELECTION OF THREE TO FOUR (3-4) APPLICANTS: Among the applicants who (i) are not subject to any of the grounds for exclusion set out in section 2.1.6 below and (ii) satisfy the minimum requirements for economic and financial capacity and technical and professional capacity set out in this notice ("suitable applicants”), Metroselskabet will select not fewer than three (3) and not more than four (4) suitable applicants to be invited to participate in the dialogue phase and the tender phase ("selected applicants"). The selection shall be carried out on the basis of the selection criterion set out below in section “2. SELECTION CRITERION – ASSESSMENT OF THE MOST COMPETITIVE FIELD OF TENDERERS” and in accordance with the procedure set out in section “3. SELECTION OF THREE OR FOUR (3 OR 4) APPLICANTS”. For the avoidance of doubt, the specified range of three to four (3-4) applicants entails that Metroselskabet is obliged to select a minimum of three (3) (provided three (3) suitable applicants can be identified) and is entitled to select a maximum of four (4) suitable applicants. The determination of the precise number of applicants to be selected within this range shall be made in accordance with the procedure set out below. 2. SELECTION CRITERION – ASSESSMENT OF THE MOST COMPETITIVE FIELD OF TENDERERS: The selection will be made on the basis of an assessment of which three (3) or four (4) suitable applicants provide the most competitive field of tenderers, taking into account the applicants' experience within the two categories (Category 1 and Category 2) set out below. In defining the two categories and in selecting applicants within those categories, Metroselskabet has aimed to ensure the greatest possible competition for the contract by selecting both (i) applicants with experience from projects that, assessed across the greatest number of parameters, are as comparable as possible to the tendered contract, and (ii) applicants whose experience, while less broadly comparable, demonstrates a high degree of comparability in respect of certain defined parameters considered indicative of the tendered contract being of particular interest to those applicants by virtue of their experience within these specific areas. Metroselskabet considers that this approach ensures the selection of a group of applicants which, taken together, provides the highest possible level of competition for the contract, thereby ensuring the most competitive field of tenderers. Section “2.1. CATEGORY 1” and section “2.2. CATEGORY 2” in this notice set out the two categories (Category 1 and Category 2) and describe the parameters to which Metroselskabet will attach importance when assessing the applicants’ experience within each category. Section “3. SELECTION OF THREE OR FOUR (3 OR 4) APPLICANTS” below sets out the procedure for determining whether three (3) or four (4) suitable applicants shall be selected in order to ensure the most competitive field of tenderers. 2.1. CATEGORY 1: In Category 1, emphasis will be placed on selecting applicants who, through their references, demonstrate the highest level of experience with the following types of projects, referred to as Category 1a and Category 1b. Category (1a): Integrated delivery of metro signaling system and rolling stock in a single contract. Category 1a comprises projects involving design, installation, commissioning, testing and handover of a metro signaling system, including sub-systems, and rolling stock, delivered within a single contract. Projects involving "GoA4 CBTC signaling systems" will be considered particularly relevant in the assessment of the applicant’s experience with Category 1a projects. By “rolling stock” is meant passenger vehicles for metros, as defined below regarding the minimum requirement for technical and professional capacity. By “GoA4 CBTC signaling systems” is meant communications-based train control. Category (1b): Design and construction of a Control and Maintenance Centre or a comparable building. Category 1b comprises projects involving design and construction of a Control and Maintenance Centre or a comparable industrial or operational building characterised by critical operational functions, heavy technical infrastructure (such as redundant power supply, cooling systems, and advanced control and monitoring systems), and heightened requirements for security. Projects involving the design and construction of such a building, carried out according to Danish Building Regulations (BR18, Executive Order No. 1615 of 13 Dec. 2017) or similar, will be considered particularly relevant in the assessment of the applicant's experience with Category 1b projects. In the selection of applicants under Category 1, sub-criteria 1a and 1b will be accorded equal weight. 2.2. CATEGORY 2: In Category 2, emphasis will be placed on selecting applicants who, through their references, demonstrate the highest level of experience with the following types of projects, referred to as Category 2a and Category 2b. Category (2a): Planning, design, production, commissioning, testing and handover of uniquely designed passenger vehicles for metro systems in small batches. Category 2a comprises projects involving planning, design, production, commissioning, testing and handover of uniquely designed passenger vehicles for metro systems, delivered in small batches. “Passenger vehicles” corresponds to the definition of “rolling stock” as set out below regarding the minimum requirement for technical and professional capacity. By "uniquely designed" is meant passenger vehicles specifically designed for a particular project and client, as opposed to standard off-the-shelf vehicles. By "small batches" is meant a first delivery of a limited number of vehicles, in the range of ten (10) to thirty (30) vehicles, under a single contract, without any guarantee of further orders. Category (2b): Integration of transportation systems for metro systems, including rolling stock. Category 2b comprises projects involving the integration of transportation systems for metro systems, including rolling stock. Projects involving (i) design and construction of a Control and Maintenance Centre or a comparable industrial or operational building characterised by critical operational functions, heavy technical infrastructure (such as redundant power supply, cooling systems, and advanced control and monitoring systems), and heightened requirements for security, and (ii) the design and construction of such a building, carried out according to Danish Building Regulations (BR18, Executive Order No. 1615 of 13 Dec. 2017) or similar will be considered particularly relevant in the assessment of the applicant's experience with Category 2b projects. By “integration of transportation systems” is meant the coordination and interfacing of multiple subsystems, including rolling stock, infrastructure, signaling and control systems, to ensure their functional and operational compatibility as a unified system. By “rolling stock” is meant passenger vehicles for metros, as defined below regarding the minimum requirement for technical and professional capacity. In the selection of applicants under Category 2, sub-criteria 2a and 2b will be accorded equal weight. 3. SELECTION OF THREE OR FOUR (3 OR 4) APPLICANTS: The determination of the most competitive field of tenderers, including whether three (3) or four (4) suitable applicants shall be invited to participate in the dialogue phase and the tender phase, shall be made in accordance with the following procedure. Two (2) applicants shall be selected within each of Category 1 and Category 2, provided that at least two (2) suitable applicants can be identified in each category. For the avoidance of doubt, no overall ranking of applicants shall be made across Category 1 and Category 2. The assessment of applicants within each category shall be carried out independently of the assessment within the other category. Where more than two (2) suitable applicants within a category have submitted references for projects falling within that category, Metroselskabet shall select the two (2) applicants demonstrating the most relevant experience within the category concerned. Where at least two (2) suitable applicants can be identified in Category 1 but only one (1) in Category 2, or vice versa, Metroselskabet shall select three (3) applicants in total, comprising two (2) from the category in which at least two (2) suitable applicants have been identified and one (1) from the other category. A selection of three (3) applicants distributed in this manner is considered to ensure a more competitive field of tenderers than a selection of four (4) applicants comprising three (3) from one category and one (1) from the other, having regard to the differences in the applicants’ experience profiles and corresponding competencies. Where only three (3) suitable applicants are identified in total, and all such applicants have submitted references exclusively within one category, all three (3) applicants shall be selected. Where fewer than three (3) suitable applicants are identified in total, all suitable applicants shall be selected. For details on PRELIMINARY AND FINAL DOCUMENTATION OF FULFILMENT OF THE SELECTION CRITERION, please refer to section 5.1.6 of this notice. Are the assets of the economic operator being administered by a liquidator or by the court? 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 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. Has the economic operator entered into agreements with other economic operators aimed at distorting competition? 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. 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