2nd re-tender for fasteners and rail pads for the sleeper types: S99, SB16 & S16 for use in the Danish rail network

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. 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. For more information reference is made to the tender material.

Yderligere oplysninger: 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 entity 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) 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. 6) 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. 7) 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”. 8) Tenders can only be submitted for the entire scope of the contract. 9) The contracting authority does not provide participation fees. 10) 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 1135 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”. 11) Discretionary exclusion grounds In addition, Banedanmark will exclude a candidate to whom one or more of the circumstances specified in section 137(1)(1)-(3) and (5) 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”. 12) 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. 13) Banedanmark will select the number of candidates by applying the selection criteria stated in this contract notice, unless the Banedanmark receives no more than the stated number of compliant requests for participation. 14) A site visit of the sleeper factory will be possible. See Tender Specifications section 2.4.

Omfatter (CPV-koder): Jernbanemateriel, Materialer og forsyninger til anlæg af jernbanespor.

Tildeling: Price 80 %, Process and support 20 %.

Reference is made to the tender specifications section 7.

Varighed: 8 år.

Forlængelse: The estimated duration of the framework agreement put out for tender is inclusive of the extension options. 48 months constitutes the ordinary term of the framework agreement, while the remaining 48 months constitutes the extension period of the framework agreement. 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 it 2 times by 24 months. Eight (8) years in total.

Optioner: Banedanmark has the option to purchase the Product Type Acceptance (including dynamic tests) and Retrofitting of Sleeper Factory regarding the fastening systems for the S16/SB16 sleeper. Specifically step 7-12 pictured/specified in illustration 6.1 in Appendix 1.2. Reference is also made to section 1.1.3 in the Tender Specifications and section 5.5. in the Framework Agreement.

Rammeaftalens maksimale værdi: 600 mio. kr.

Krav til tilbudsgiver:

The candidate must submit the following information as preliminary proof that the candidate meets the minimum requirements for suitability in relation to economic and financial standing:

• •Shareholders’ equity for the last financial year available. The minimum requirement is that the candidate’s shareholders’ equity for the last financial year available must be at least 100 million DKK. If the candidate relies on the economic and financial capacity of other entities, shareholders’ equity will be calculated as a total amount for the undertaking and such other entities for the last financial year available. For a group of economic operators (e.g. a consortium), shareholders’ equity will be calculated as the undertakings’ overall shareholders’ equity for the last financial year available. This information is to be provided in section IV.B of the ESPD. Banedanmark will accept the following documentation of compliance with minimum requirements: Shareholders’ equity for the last financial year available: The undertaking’s balance sheet or extracts thereof for the last financial year available, if publication of the balance sheet is compulsory in the country where the undertaking is established, or other documentation of the amount of the undertaking’s shareholders’ equity. For a group of economic operators (e.g. a consortium), the information must be provided for each undertaking participating in the group. If the undertaking relies on the economic and financial capacity of other entities (e.g. a parent company, a fellow subsidiary or a sub-supplier), the information must also be provided for these entities.

The candidate must submit the following information as preliminary proof that the candidate meets the minimum requirements for suitability in relation to economic and financial standing:

• •Solvency Ratio for the last financial year available. The minimum requirement is that the candidate’s solvency ratio for the last financial year available must be at least 20%. The solvency ratio is calculated on the basis of this formula: Solvency ratio = (equity / total assets ultimo) * 100 If the tenderer relies on the economic and financial capacity of other entities, the sum of the equity of the business participants and the sum of their total assets is first calculated. The ratio between these two figures is then calculated. In the case of an association of businesses (e.g. a consortium), the sum of the equity of the business participants and the sum of their total assets is first calculated. The information must be provided in ESPD section IV.B. Solvency ratio for the last financial year availablePresentation of annual accounts or extracts thereof, or a statement of the solvency ratio for the latest available financial year, depending on when the company was established or started its business, if the figures for this solvency ratio are available. In the case of an association of companies (e.g. a consortium), the information must be provided for each of the participating companies in the association. If the company relies on the economic and financial capacity of other entities (e.g. a parent company, sister company or subcontractor), the information must also be provided for these entities.

A list of the candidate’s most significant, comparable references for delivery of fastening systems for monoblock sleepers within the last 3 years, see sections 5.1.9 of the contract notice. One reference is defined as a contract covering deliveries to one customer. The list of references cannot contain more than three (3) references, regardless of whether the candidate is an individual undertaking, whether the candidate relies on the technical and professional ability of other entities, or whether the candidate is a group of economic operators (e.g. a consortium). If more than three (3) references are listed, only the first three (3) references listed in the ESPD will be considered.

Any additional references will be disregarded. Each reference must include the following information: • A description of the relevant supply. The description of the supply should also contain a description of the scope of the supply. The description must include confirmation that the fastening system holds either an EC-declaration or EC-verification according to TSI on UIC60 rails • The economic value of the supply (amount) within the last 3 years • The date of the supply (start and end dates). Only references relating to deliveries performed at the time of submission of the application for prequalification will be considered.

This means, for ongoing references, only the deliveries performed up until the time of submission of the application for prequalification will be included in the assessment of the reference. • The name of the customer (recipient) It is a minimum requirement that the candidate specifies minimum one (1) and no more than three (3) references within the last 3 years covering delivery of fastening systems, that holds an EC-verification or EC-declaration according to TSI on UIC60 rails. This information is to be provided in section IV.C of the ESPD. If the candidate provides the information in an appendix to the ESPD, Banedanmark will only consider text and not images, illustrations, etc.

Banedanmark will accept the following documentation of compliance with minimum requirements: The list of references specified by the candidate in the ESPD will serve as final documentation of the information provided as regards the candidate’s technical and professional ability. However, Banedanmark reserves the right to contact the candidate or the customer named in the reference with a view to verifying the information provided about the reference, including the dates specified for the reference.

If more than four (4) compliant applications are submitted, Banedanmark will select the four (4) candidates who are assessed to be the most suitable to supply the goods required under the contract. The selection of candidates will be based on an assessment of which candidates have submitted the most relevant references, see clause 4.6.1, relative to the goods to be supplied under the framework agreement. In its assessment of the relevance of references, Banedanmark will put emphasis on references delivered to references under similar climatical conditions as in Denmark. Where applicants are assessed equally suitable, Banedanmark will take into account the scope of the references.

The scope of a reference will be evaluated based on the economic value of the supplies delivered under the references during the preceding three (3) years.