Public procurement notice: Contract Notice
Published: 2025-07-04
Buyer: Bergen kommune - Byrådsavdelig for finans
Country: NO
Region: NO0A2
Contract type: Services
Procedure: Negotiated with prior call for competition
CPV classification: 32412000 | 32412110 | 32430000 | 72315100: Data network support services | 72315200: Data network management services
Submission deadline: 2025-08-12

Technical requirements: Is the tenderer himself or a person, who is a member of the tenderer's administration, management or supervisory body or has the competence to represent or control or make decisions in such bodies, in the event a enforceable verdict has been convicted of corruption by a verdict handed down not more than five years ago, or a rejection period determined directly in the judgement that still applies? Corruption as defined in Article 3 of the Convention on Combating Corruption, Involving European Communities or European Union Member States (EUT C 195 of 25.6.1997, s. 1), and in Article 2, point 1, in the Council ́s framework decision 2003/568/RIA of 22 July 2003 on combating corruption in the private sector (EUT L 192 of 31.7.2003,  p. 54). This rejection reason also includes corruption as defined in national law for the contracting authority or supplier.
Is the tenderer himself or a person, who is a member of the tenderer's administration, management or supervisory body or has the competence to represent or control or make decisions in such bodies, at the time a legally convicted of fraud has been convicted of fraud by a verdict handed down not more than five years ago, or a rejection period determined directly in the judgement that still applies? Fraud included in Article 1 of the Convention on protection of the Financial Interests of the European Communities (EFT C 316 of 27.11.1995, p. 48).
Is the tenderer himself or a person, who is a member of the tenderer's administration, management or supervisory body or has the competence to represent or control or make decisions in such bodies, in the event a legal verdict has been convicted of money laundering or financing terrorism by a verdict handed down no more than five years ago, or a rejection period set out directly in the judgement that still applies? Money laundering or financing terrorism As defined in Article 1 of the European Parliament and Council Directive 2005/60/EF of 26 October 2005 on preventive measures against the use of the financial system for money laundering and financing terrorism (EUT L 309 of 25.11.2005, p. 15).
Is the tenderer himself or a person, who is a member of the tenderer's administration, management or supervisory body or has the competence to represent or control or make decisions in such bodies, at the time a legally convicted verdict of participation in a criminal organisation by a verdict handed down no more than five years ago, or a rejection period set out directly in the judgement that still applies? Participation in a criminal organisation as defined in Article 2 of the Council ́s framework decision 2008/841/RIA of 24 October 2008 on control of organised crime (EUT L 300 of 11.11.2008, p. 42)
Is the tenderer himself or a person, who is a member of the tenderer's administration, management or supervisory body, or has the competence to represent or control or make decisions in such bodies, in the event a legal verdict has been convicted of acts of terrorism or criminal acts connected to terrorist activities by a verdict handed down no more than five years ago, or a rejection period set out directly in the judgement that still applies? Acts of terrorism or criminal acts relating to terrorist activity as defined in Article 1 and 3 of the Council ́s framework decision 2002/475/RIA of 13 June 2002 on combating terrorism (EFT L 164, af 22.6.2002, p. 3). This rejection reason also includes incitement to, participation or attempts to commit such actions as included in Article 4 in the mentioned framework decision.

Eligibility requirements: Tenderers are registered in a company register or a trade register in the member state in which the tenderer is established. As described in annex XI of directive 2014/24/EU; suppliers from certain member states may have to fulfil other requirements in the mentioned annex.
Minimum qualification requirements
Tenderers shall be a legally registered company.
 
Documentation: Documentation: Documentation must not be enclosed for tenderers registered in the Norwegian Register of Units. The contracting authority will check the registration by using the organisation number stated in the tenderer ́s Mercell profile.
 
Tenderers who are not registered in the above register must present a certificate or confirmation (equivalent company registration certificate) for registration in a trade or business register as prescribed by the law of the country where the tenderer is established. Such a certificate shall not be issued more than six months before the tender deadline.
Regarding any other economic and financial requirements that have been stated in the notice or in the procurement documents, the tenderer declares that:
Minimum qualification requirements
Qualification requirement: 
Tenderers shall be credit worthy as well as have sufficient economic and financial capacity to fulfil the contract.  

Documentation requirement: 
Credit evaluation/rating, an assessment made in CreditPro, D&amp;B, Bisnode AS or an equivalently certified credit information agency, not older than 3 months, and which is based on the last known accounting figures.  

For companies that cannot be credit rated, approved accounting figures shall show satisfactory good credit worthiness and sufficient financial implementation ability/capacity.  

This will be assessed based on an overall assessment based on the following parameters: result degree, degree of liquidity, solidity, debt ratio and turnover. 

If a tenderer cannot present the above mentioned documentation, or would like to document that it gives a misleading picture of his financial situation, he shall prove his economic and financial position, using another document of relevance to the company's fiscal figures/finances. Tenderers shall in particular justify why the requested documentation possibly cannot be delivered or gives a misleading picture. 

Any guarantees and insurances given by a third party must cover all the financial losses that may arise due to non fulfilment of the contract. Any guarantors must document that they independently fulfil the qualification requirement for finances. 

The contracting authority reserves the right, nevertheless, to obtain financial information from other sources (e.g. own credit rating) if there is uncertainty as to whether the requirement is fulfilled or not. Such a decision must not be justified. 

All the obtained and any submitted information will form the basis for an overall assessment of whether the qualification requirement is fulfilled.
Only for services: In the reference period, the tenderer has carried out the following important goods deliveries of the requested type, or the following important services of the requested type. The contracting authority can require up to three years experience and allow experience from the previous three years to be taken into consideration.
Minimum qualification requirements
Technical and professional qualifications 
-- Relevant experience: 6.4.1 
--Demand: 
Tenderers shall have carried out relevant deliveries in the last three (3) years. 

Relevant means experience from contracting authorities with equivalent service needs and complexity. 

-- Documentation requirement:
A description shall be given of the most relevant deliveries with equivalent complexity and need in the last three (3) years. Three (3) references are requested. It must be clearly stated that assignments have been carried out with clear relevance regarding service level and complexity. 

References shall as a minimum be described with the following information: 

Customer Name 

Contact information at the contracting authority; name, position, email and telephone number.  

Brief description of the contract and previous work 

Time period and duration 

Size and number of users 

References can be contacted and controlled. This contact information must be provided. 

If a tenderer will use capacity from a parent company or other binding statement, see "Annex 2 to the Instructions to the Tenderer Commitment Statement".
Tenderers can use the following technical personnel or technical units , particularly those who are responsible for quality control: For technical personnel or technical units that do not directly belong to the tenderer ́s business, but if the capacity the tenderer will use, cf. part II, section C, separate ESPD forms shall be supplemented.
Minimum qualification requirements
Technical and professional qualifications 
-- Implementation ability: 6.4.2 
-- Requirement: The tenderer shall have good implementation ability and an organisation that has sufficient capacity to fulfil the contract. -- Documentation requirement: A short and concise description shall be given of the company, including: A description of the tenderer's average annual workforce and the number of employees in the management in the last three years. An account of the company ́s core competence related to the scope of the delivery, including an overview of the tenderer's resource persons, their relevant experience and competence related to these types of deliveries. This can be delivered in the form of a competence matrix with short descriptions. A description of how much of the contract the tenderer is considering putting away to sub-supplier(s). A description of how the tenderer is organised for the execution of this contract. If collaborating partners or sub-suppliers must enclose a Commitment Statement (Annex 2 " Commitment Statement"). It is important that it is clearly stated in which area the collaboration partners or sub-suppliers contribute, cf. the above description.
Can tenderers submit certificates issued by independent bodies that document that the tenderer fulfils the stated quality assurance standards, including universal design requirements?
Minimum qualification requirements
6.6 Quality control system
--Demand:
Tenderers shall have an implemented quality management system. 

-- Documentation requirement:
Valid ISO 9001 certificate or equivalent, or certificate issued by an independent body as documentation that the tenderer fulfils the requirements in accordance with ISO 9001 or equivalent.  

Optionally, an account (should not exceed 3 A-4 pages) that substantiates that equivalent requirements are complied with, with a general description of the contents of the system, including an overview of plans and check-lists that are relevant.  

The account shall include a matching matrix up to ISO 9001.
Is the tenderer able to submit certificates issued by independent bodies as documentation that the tenderer fulfils the stated environmental management systems or standards?
Minimum qualification requirements
6.7 Environmental control system 

--Demand:
Tenderers shall have an implemented environmental management system.   

-- Documentation requirement:

Valid ISO 14001//50001, EMAS certificate or equivalent, or certificate issued by an independent body as documentation that the tenderer fulfils the requirements. 

Optionally, an account (should not exceed 3 A-4 pages) that substantiates that equivalent requirements are complied with, with a general description of the contents of the system, including an overview of plans and check-lists that are relevant.  

The account shall include a matrix of conformity with ISO 14001.
Appeals shall be submitted without delay. The Contracting Authority continually processes appeals.

The deadline for requesting a temporary injunction cf. § 20-7 has been set to 15 days after. 
the contracting authority ́s decision to reject a request to participate in the competition, cf. § 24-1 and § 24-2, or not select a tenderer, cf. § 16-12.
Bergen municipality is planning a competition for a new contract for the provision of services for data communication and the transport network. The new agreement shall replace the current agreement. The current contract is for the delivery of data communication and the transport network that is used by employees and work places at approx. 650 locations in Bergen municipality. The contract will be valid for 6 years, with options for extension. The contract includes: Establishment and operation of communication lines to Bergen municipality ́s locations, including data centres. Establishment and operation of IP VPN services, for secure transport of data between the municipality ́s locations and data centres. the above mentioned services.