Danemarca – Traverse şi părţi de traverse – Re-tender for fasteners and rail pads for the sleeper types: S99, SB16 & S16 for use in the Danish rail network (1)

In the case of a tender with prequalification pursuant to the Danish Public Procurement Act, the Danish Utilities Directive or the Danish Tenders Act, a complaint about not having been prequalified must be submitted within 20 calendar days. This is calculated from the day after the contracting authority sends the notification of prequalification. Other complaints about tenders or decisions, e.g. award of contracts, covered by Title II or III of the Danish Public Procurement Act or the Danish Utilities Directive, must be submitted 45 calendar days from the day after the contracting authority publishes a notice in the Official Journal of the European Union on the conclusion of the contract. At the latest at the same time as a complaint is submitted to the Complaints Board for Public Procurement, the complainant must inform the Contracting Entity in writing that the complaint is sub-mitted to the Complaints Board for Public Procurement. If the Contracting Entity has held a volun-tary standstill period, see section 17(2) of the Act, complaints must also indicate whether the complaint has been lodged during the standstill period, see section 6(4) of the Act, or if the complaint has not been lodged during the standstill period, whether the complainant requests suspensive effect of the complaint, see section 12(1) of the Act. If the complaint concerns violations of the Danish Public Procurement Act or Sections 191 and 192 of the Danish Public Procurement Act, the complaint period is 45 calendar days from the day after the contracting authority is notified of the award decision.Complaints about the conclusion of a framework agreement pursuant to the Public Procurement Act (Part II, III and Sections 191 and 192), the Utilities Directive or the Tender Act must be submitted to the Complaints Board within 6 months from the day after the contracting authority's notification of the award decision.Complaints about the conclusion of a contract based on a framework agreement with reopening of competition or a dynamic purchasing system covered by Title II or III of the Public Procurement Act or the Utilities Directive must be submitted to the Complaints Board within 30 calendar days from the day after the contracting authority was notified of the award decision.Complaints about a contracting authority's decision to continue a contract (Section 185(2) of the Public Procurement Act) must be submitted to the Complaints Board within 20 calendar days from the day after the contracting authority has published its decision (Section 185(2), 3rd sentence of the Public Procurement Act).If the contracting authority has followed the procedure in Section 4 of the Danish Public Procurement Complaints Board Act, a complaint that the contracting authority, in violation of the Public Procurement Directive or the Utilities Directive, has concluded a contract without prior publication of a contract notice must be submitted to the Complaints Board within 30 calendar days from the day after the contracting authority's publication of a notice in the Official Journal of the European Union regarding the conclusion of a contract. Re-tender for fasteners and rail pads for the sleeper types: S99, SB16 & S16 for use in the Danish rail network (1) 1) In the event of changes to selected applicants or tenderers, the rules in Section 147 of the Danish Public Procurement Act shall apply in full. 2) It is noted that each applicant may only submit one application for prequalification. 3) The contracting authority may request applicants to supplement, clarify or complete the application pursuant to Article 76(4) of the Utilities Directive, if the applications or tenders do not meet the formal requirements of the tender documents. 4) The EU’s fifth package of sanctions (Regulation (EU) 2022/576): As a result of the EU’s fifth package of sanctions, see Regulation (EU) 2022/576 of 8 April 2022 amending Regulation (EU) no. 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine), contracting authorities or entities in the EU may not award public contracts or concessions to the following types of tenderers: Russian nationals, undertakings or other legal entities established in Russia; non-Russian undertakings which are (directly or indirectly) owned for more than 50% by a Russian national or undertaking; non-Russian undertakings acting on behalf of a Russian national or undertaking. Russian sub suppliers and supporting entities are also covered by the sanctions if their contribution accounts for 10% or more of the contract value. Before making the award decision, Banedanmark will request to receive documentation that the tenderer is not comprised by the prohibition, see clause 8. For this purpose, the tenderer may use Appendix C “Solemn declaration re. fifth package of sanctions”. 5) The Danish Investment Screening Act : In section section 1.1.5 of the Tender Specifications, Banedanmark has requested the tenderers to state whether their conclusion of the framework agreement is subject to the requirement for authorisation under the Danish Investment Screening Act. Further guidance on the Act and its scope of application is available here (in Danish): https://erhvervsstyrelsen.dk/vejledning-aktiviteter-omfattet-af-investeringsscreeningsloven. The tenderer is responsible for applying for and obtaining authorisation if the tenderer’s conclusion of the framework agreement is subject to the Act. Banedanmark’s award decision is made subject to the successful tenderer submitting documentation. Banedanmark reserves the right during the procurement process to request candidates and tenderers to provide information about whether their contract conclusion is covered by the Act and to provide a status on any application for authorisation. 6) Participation in the tender can only be done electronically via the contracting authority's electronic tendering system. In order to access the tender documents and participate in the process, interested companies must register online. As part of their tender, the tenderer must complete and submit an ESPD as preliminary evidence of the conditions mentioned in Section 148 of the Public Procurement Act, cf. Section 12 of the Implementing Order. In the case of a group of undertakings (e.g. a consortium), a separate ESPD must be submitted for each of the participating economic operators. If the tenderer relies on the capabilities of other entities, an ESPD must be submitted for each of the entities on which the tenderer relies. If the contract is awarded to a group of economic operators (e.g. a consortium), the participants in the group must assume joint and several liability and appoint a joint authorized representative. Before the award decision, the tenderer to whom the contracting authority intends to award the contract must provide documentation for the information provided in the ESPD in accordance with sections 151 and 152 of the Public Procurement Act, cf. section 12 of the Implementation Order. Banedanmark may require the submission of documentation at any time during the tender process if deemed necessary. 7) Banedanmark will accept the documentation for grounds for exclusion that appears from e-Certis, cf. section 152(3) of the Danish Public Procurement Act, cf. § 12 of the Implementation Order. Documentation may include the following forms of evidence: - An extract from the relevant register or equivalent document issued by a competent judicial or administrative authority, showing that the applicant is not covered by the grounds for exclusion, or A certificate issued by the competent authority in the country concerned as proof that the applicant is not covered by the grounds for exclusion. If the country concerned does not issue the abovementioned documents or certificates, or these do not cover all the grounds for exclusion, they may be replaced by a declaration under oath. If the tenderer is found to be covered by a ground for exclusion, the tenderer has the option of initiating a self-cleaning procedure, cf. § 138 of the Danish Public Procurement Act, cf. § 11(1)(2) of the Implementation Order. 8) The candidate may rely on the capacities of other entities (e.g. a parent or a fellow subsidiary or a sub-supplier) regardless of the nature of the legal relationship between the candidate and such other entities. The supporting entities may not be affected by any of the exclusion grounds. The other entity(ies) on which the candidate relies must therefore also submit a completed ESPD with the information requested by Banedanmark. In the suitability assessment, in case a candidate relies on a supporting entity, Banedanmark will perform an overall assessment of the information provided by the candidate and the supporting entity. Together, they must meet the defined minimum requirements for suitability. In connection with obtaining documentation, a candidate/tenderer relying on the capacities of other entities must submit a letter of support proving that the relevant supporting entity has a legal obligation towards the candidate/tenderer. The candidate/tenderer may use Appendix B “Template for declaration of support”. 9) Tenders can only be submitted for the entire scope of the contract. 10) The contracting authority does not provide participation fees. 11) Mandatory exclusion grounds: Banedanmark must exclude a candidate from participating in the procurement procedure if the candidate is subject to the mandatory exclusion grounds mentioned in sections 134a, 135 and 136 of the Danish Public Procurement Act. Information on the mandatory exclusion grounds set out in sections 135 and 136 must be provided in the following sections of Part III “Exclusion grounds” of the ESPD: Section III.A: “Grounds relating to criminal convictions” Section III.B: “Grounds relating to the payment of taxes or social security contributions” Section III.C: “Grounds relating to insolvency, conflicts of interests or professional misconduct”. 12) Discretionary exclusion grounds In addition, Banedanmark will exclude a candidate to whom one or more of the circumstances specified in section 137(1)(i)-(iii) and (v) of the Danish Public Procurement Act applies in the event of: the candidate’s non-compliance with environmental, social and labour regulations; the candidate’s (i) bankruptcy, (ii) insolvency, (iii) composition with creditors under which all creditors will be bound, (iv) a situation analogous to bankruptcy under national law, (v) assets being administered by a liquidator, and (vi) suspension of the business activities; the candidate’s agreements with other economic operators with a view to distortion of competition; the candidate’s attempt to influence the decision-making process of the contracting authority. Information on the discretionary exclusion grounds must be provided in the following sections of Part III “Exclusion grounds” of the ESPD: Section III.C: “Grounds relating to insolvency, conflicts of interests or professional misconduct”. 13) The estimated contract amount is calculated on basis of available pricing information and the estimated future demand for fasteners in the contract period. The maximum contract value is based on the calculated estimated value to which is added 40% to cover fluctuations in the contract period Process and support Konkurrence- og Forbrugerstyrelsen Klagenævnet for Udbud Price Banedanmark In accordance with the provisions of Directive 2014/25/EU (the Utilities Directive as implemented by Executive Order no. 1078 of 29 June 2022 on procurement by entities operating in the water, energy, transport and postal services sectors), a framework agreement for Fasteners for Banedanmark’s monoblock sleepers is put out to tender. The framework agreement gives Banedanmark a right, but not an obligation, to order the above-mentioned fasteners and rail pads. The Framework Agreement is exclusive regarding supply of fasteners to be used at Banedanmark's Sleeper Factory. Fasteners to be used in connection with maintenance and replacement of existing fasteners in Banedanmark’s infrastructure are not covered by this agreement. The execution of the Framework Agreement is divided into three phases: (1) Design, Validation and Product Type Acceptance Phase (2) Retrofitting of Sleeper Factory Phase (3) Manufacturing and Delivery Production Phase For more information reference is made to the tender material. This Framework Agreement will expire without further notice four (4) years after signature. Subject to a written notice of at least three (3) months to the date of expiry of the Framework Agreement, Banedanmark may extend the Framework Agreement by two (2) years. Banedanmark may effect such extension two (2) times and thus extend the Framework Agreement by up to in total eight (8) years. Reference is made to the tender specifications section 7. Mercell Holding ASA The procurement will be conducted as a negotiated procedure, and the framework agreement will expectedly be awarded to the tenderer submitting the most economically advantageous tender based on the award criterion, see section 7 of the tender specifications. The procurement process is as follows: 1. Request for prequalification: The economic operators submit a request for prequalification. Based on the requests received, Banedanmark will prequalify four (4) economic operators. 2. Invitation to submit an initial tender: Banedanmark invites the prequalified economic operators to submit an initial tender. Accordingly, tenders may only be submitted by economic operators that have been prequalified. 3. Submission of initial tender: The prequalified economic operators submit an initial tender. The initial tenders form the basis of the subsequent negotiation meetings. Please note: Banedanmark reserves the right to award directly on the basis of initial offers, in which case no negotiation meetings will be held. 4. Negotiation meetings: Tenderers having submitted an initial tender in due time will subsequently be invited to a negotiation meeting. The negotiations will be conducted in accordance with the principle of equal treatment, which means that all tenderers will be allotted the same time for negotiations with Banedanmark. One (1) negotiation meeting will be held with each tenderer. The negotiation meeting is expected to have a maximum duration of four (4) hours, but Banedanmark reserves the right to change the duration should this prove to be required. Before the negotiation meeting, Banedanmark will forward an agenda for the meeting and a specification of the key issues which Banedanmark wishes to discuss with the tenderer. It should be noted that this specification is not exhaustive and that other issues than those specified beforehand may also be discussed at the individual negotiation meetings. The purpose of the negotiations is partly to allow the tenderers to optimise their tenders, partly to ensure that the tenderers submit compliant tenders. Finally, the negotiations may also cause Banedanmark to revise the tender documents. During the negotiations, Banedanmark will provide the individual tenderer with general information about its overall view of the strengths and weaknesses of the initial tender. However, it is the sole responsibility of the tenderer to ensure that it ultimately submits a compliant final tender. Banedanmark wishes as a starting point to negotiate on these points: Type-approval process of the offered fasteners Process for retrofitting of Sleeper Factory (if necessary) Special conditions and elements that affect delivery time and ability Logistics (including warehousing, delivery and transport) Other issues that are relevant to the process will also be subject for the negotiation meetings. The expected time of the negotiation meetings is set out in clause 3. The negotiation meetings will be held at the following address: Banedanmark Carsten Niebuhrs Gade 43 1577 Copenhagen V Denmark As an exception, negation meetings can be held via Teams. The tenderer is requested to inform Banedanmark about which persons will represent the tenderer at the negotiation meeting (name, position and company name). The information should be provided via the “Messaging” section in EU-Supply no later than four (4) calendar days before the meeting. Banedanmark will prepare minutes after each negotiation meeting. These minutes will not be made public. The individual minutes will only be sent to the tenderer participating in the meeting. If questions of a general nature were discussed at a negotiation meeting, the answers to such questions in anonymised form will be communicated to all tenderers via EU-Supply, see clause 2.3 of the tender specifications. The tenderer will be given the opportunity to comment on and confirm the information in the minutes. No independent, legal relevance for the submission of a final tender may be assigned to the minutes, as the final tender is to be submitted solely on the basis of the final tender documents. Based on the negotiation meetings, Banedanmark will prepare revised tender documents, which will form the basis of the tenderers’ final tenders. As part of the revision, Banedanmark, in full compliance with the principles of equal treatment and transparency, may change the contents of, withdraw or add new “general requirements” or “evaluation requirements”. Moreover, Banedanmark may make changes or additions to the information/documents to be attached to the final tender. However, the changes/additions may not cause the characteristics of the services put out to tender to change or cause the services to no longer be within the scope of the description provided in the contract notice. Moreover, fundamental elements may not be changed, including “minimum requirements”. However, linguistic clarifications, correction of obvious errors and inexpediencies, etc. are always allowed, in full compliance with the principles of equal treatment and transparency. 5. Publication of revised tender documents: After completion of the negotiation meetings, Banedanmark will issue revised tender documents, which will form the basis of the tenderers’ final tenders. 6. Submission of final tender: The tenderers submit their final tenders, which will be evaluated by Banedanmark. 7. Contract award: Banedanmark will award the framework agreement to the tenderer which has submitted the most economically advantageous tender based on the award criterion. The economic operators participating in the tender proces will not be paid for participating in the proces. For a detailed review of the above process, see the description provided in the tender material. DNK 01 [telefon eliminat] Askekroken 11 [email eliminat] Banedanmark Warehouse Halø, Kærup Industrivej 5 none 34947000 Fredericia [telefon eliminat] [telefon eliminat] Ole Flyvbjerg supplies price https://eu.eu-supply.com/ctm/company/companyinformation/index/340853 8800 Carsten Niebuhrs Gade 43 2026-10-16+02:00 gen-pub Viborg 8700 4100 08:52:46+00:00 DK042 clos-nw quality 0 32014L0025 per-exa 2 3 Ringsted Banedanmark Sleeper Factory, Vejlbyvej 1 can-standard 8 2000-01-01Z 20 https://naevneneshus.dk/start-din-klage/klagenaevnet-for-udbud/ 6[telefon eliminat] other 37795526 eforms-sdk-1.13 34941000 [telefon eliminat] RES-0001 Danmark Nævnenes Hus, Toldboden 2 Banedanmark Warehouse Vest, Bygholm Parkvej 4 30 complainants København V 980921565 DK022 [email eliminat] 2026-10-15+00:00 0277 2.3 cga ted-esen 10294819 7000 DK011 neg-w-call 34946230 2500 ORG-0003 ORG-0004 ORG-0001 ORG-0002 Oslo DKK [telefon eliminat] NO081 rail 2026-10-14+00:00 ba7407f2-010b-449e-8f91-33f7bbab0e1b-01 34946000 201/2026 no-eu-funds NOR ec5c763a-96a0-4f99-a3f0-4803e4bdcd16 true ENG eSender 18632276 http://mercell.com/ fa-wo-rc 2024-23087 LOT-0000 1b7b6d91-3bc6-46af-ba87-f11e3f3ac0fb http://www.kfst.dk 20:46:05+00:00 Horsens https://www.bane.dk/ Carl Jacobsens Vej 35 false [email eliminat] 34946100 Valby [telefon eliminat] tenders 80 [email eliminat]