Public procurement notice: Contract Notice
Published: 2025-05-12
Buyer: Styrelsen for It og Læring
Country: DK
Region: DK011
Contract type: Services
Procedure: Open procedure
CPV classification: 72000000 | 72200000 | 72500000 | 72600000 | 72610000: Computer support services
Estimated value: 35000000 DKK
Submission deadline: 2025-06-11
Award criteria: price, quality

Technical requirements: See section 137(1), para (2) of the Danish Public Procurement Act.
See section 135(1), para (2) of the Danish Public Procurement Act.
See section 135(1), para (1) of the Danish Public Procurement Act.
See section 135(1), para (5) of the Danish Public Procurement Act.
See section 135(1), para (3) of the Danish Public Procurement Act.

Eligibility requirements: The tenderer must submit the European Single Procurement Document ("ESPD") with the following information.

- The tenderer's total annual turnover in the latest financial year available.

In this procedure, the tenderer may rely on the economic and financial capacity of other operators to fulfil the suitability requirements. The operator(s) making its/their economic and financial capacity available to the tenderer must sign a letter of commitment, see further in the tender specifications. The form is enclosed as an attachment to the tender specifications.

If the tenderer relies on the economic and financial capacity of other entities in relation to the fulfilment of requirements, see below, the tenderer and the entities in question will be required by the contracting entity to undertake joint and several liability for the performance of the contract.

The ESPD serves as provisional documentation that the tenderer fulfils the require-ments in respect of economic and financial capacity.

Before the award decision is made, the tenderer to whom the contracting entity in-tends to award the contract must submit documentation that the information stated in the ESPD is accurate.

Upon the contracting entity's request, the following documentation of economic and financial capacity must be submitted:

- A statement regarding the operator's overall turnover in the latest annual report(s)/financial statement(s) available, depending on when the operator was established or started trading if the figures for this turnover are available. For groups of operators (e.g. a consortium), the information in the latest annual report(s)/financial statement(s) available must be submitted for each participating operator in the group. Where an operator relies on the economic and financial capacity of other entities (e.g., a parent company, a sister company or a subcontractor), information for such other entities must be provided as well.

Minimum requirement:
As a minimum requirement, a total annual turnover of at least DKK 5 million is required in the latest annual report/financial statement available. If the tenderer relies on the capacities of other entities, the turnover is to be calculated as the total turnover of the tenderer and such other entities in the latest annual report/financial statement available. For groups of operators (e.g., a consortium), the turnover is calculated as the total turnover of the operators in the latest annual report/financial statement available. The information is to be stated in section IV.B of the ESPD.
The tenderer must submit the European Single Procurement Document ("ESPD") with the following information:

- The tenderer's equity in the latest financial year available.

In this procedure, the tenderer may rely on the economic and financial capacity of other operators to fulfil the suitability requirements. The operator(s) making its/their economic and financial capacity available to the tenderer must sign a letter of commitment, see further in the tender specifications. The form is enclosed as an attachment to the tender specifications.

If the tenderer relies on the economic and financial capacity of other entities in relation to the fulfilment of requirements, see below, the tenderer and the entities in question will be required by the contracting entity to undertake joint and several liability for the performance of the contract.

The ESPD serves as provisional documentation that the tenderer fulfils the requirements in respect of economic and financial capacity.

Before the award decision is made, the tenderer to whom the contracting entity in-tends to award the contract must submit documentation that the information stated in the ESPD is accurate.

Upon the contracting entity's request, the following documentation of economic and financial capacity must be submitted:

- The operator's balance sheets or extracts from balance sheets in the latest annual report(s)/financial statement(s) available if publication of the balance sheets is required under law in the country in which the operator is established, or other documentation of the size of the equity. For groups of operators (e.g., a consortium), the information in the latest annual report/financial statement available must be submitted for each participating operator in the group. Where an operator relies on the economic and financial capacity of other entities (e.g., a parent company, a sister company or a subcontractor), information for such other entities must be provided as well.

Minimum requirement:
As a minimum requirement, a positive equity is required in the latest annual report/financial statement available. If the tenderer relies on the capacities of other entities, the equity is to be calculated as the total equity of the operator and such other entities in the latest annual report/financial statement available. For groups of operators (e.g., a consortium), the equity is calculated as the total equity of the operators in the latest annual report/financial statement available. The information is to be stated in section IV.B of the ESPD.
The contract has incorporated the corporate social responsibility considerations, as appropriate, as laid down in the conventions on the basis of which the principles of the UN Global Compact are worded and as laid down in the OECD Guidelines for Multinational Enterprises. The contract furthermore lays down requirements pursuant to ILO Convention no. 94 on labour clauses in public contracts and Circular no. 9471 of 30 June 2014.

The contract lays down requirements on compliance with the law on processing of personal data.

If the contract is awarded to a group of operators (such as a consortium), the participants of the group must undertake joint and several liability and appoint a joint representative.
Reference is made to the tender documents
Pursuant to the Danish Act on the Complaints Board for Public Procurement, etc. (lov om Klagenævnet for Udbud m.v.) (the Act is available (in Danish) at www.retsinformation.dk), the following deadlines apply to the lodging of complaints:

1) 45 calendar days after the contracting entity has published a notice in the Official Journal of the European Union that the contracting entity has entered into a contract. The deadline is calculated from the day after the day when the notice was published.

2) 30 calendar days calculated from the day after the day when the contracting entity has notified the candidates concerned that a contract based on a framework agreement with reopening of competition or a dynamic purchasing system has been entered into if the notification has included an explanation of the relevant grounds for the decision. 

3) 6 months after the contracting entity entered into a framework agreement calculated from the day after the day when the contracting entity notified the candidates and tenderers concerned, see section 2(2) of the Act and section 171(4) of the Danish Public Procurement Act. 

4) 20 calendar days calculated from the day after the contracting entity has submitted notification of its decision, see section 185(2) of the Danish Public Procurement Act.

Not later than at the time of lodging a complaint with the Danish Complaints Board for Public Procurement, the complainant must notify the contracting entity in writing that a complaint has been lodged with the Danish Complaints Board for Public Procurement and whether the complaint was lodged during the standstill period, see section 6(4) of the Act. In cases where the complaint was not lodged within the standstill period, the complainant must furthermore indicate whether a suspensory effect of the complaint has been requested, see section 12(1) of the Act. 

The e-mail address of the Complaints Board for Public Procurement is nh@naevneneshus.dk.

The Complaints Board’s own complaints procedure is available at https://naevneneshus.dk/start-din-klage/klagenaevnet-for-udbud/vejledning/.
The tenders will be opened in the electronic tendering system. Tenderers are not allowed to attend the opening of tenders.
The electronic tendering system.

Winner: Mercell Holding ASA