Public procurement notice: Contract Notice
Published: 2025-02-20
Buyer: Odense Teater
Country: DK
Region: DK031
Contract type: Works
Procedure: Negotiated with prior call for competition
CPV classification: 45212322 | 45221000: Engineering works for bridges and tunnels
Estimated value: 35000000 DKK
Submission deadline: 2025-03-19
Award criteria: price, quality

Technical requirements: Negotiation:
The purpose of the negotiation is to give the bidding contractors a precise understanding of the client's needs and to give the client the opportunity to adjust the tender basis, as well as to allow the bidding contractors to optimize and adjust their bids accordingly. The negotiation can cover all aspects of the bid, including price.
Negotiation Process:
The client initially reviews the received bids to prepare the agenda for further negotiations with the contractors. It is expected that one negotiation meeting will be held with each of the invited contractors. However, the client reserves the right to award the contract based on the initial bid without conducting negotiations. The client can repeat the process of inviting contractors to submit revised bids until the client announces that the next bid will be the final bid, after which the contract will be awarded to the contractor who has submitted the best bid according to the evaluation criteria. The negotiation process will be conducted in compliance with the principles of equal treatment and transparency in procurement law.
About the Initial Bid:
The initial bids must comply with the client's requirements as per the tender material. The client conducts a compliance assessment of the received initial bids to engage in dialogue with the contractor regarding adherence to the formal requirements in the tender material. An initial bid can be part of the negotiation meeting even if it does not meet the formal requirements, lacks requested information, or directly and/or indirectly takes exceptions to minimum requirements or fundamental elements in the tender material. However, the bid cannot be part of the evaluation if the client chooses to exercise the right to award the contract based on the initial bids. It is the contractor's responsibility to ensure that the initial bid contains the requested information and does not include any reservations, etc., that would render the bid non-compliant. It is recommended that the contractor in their initial bid offers a solution to the task that includes meeting all the requirements in the material. The contractor should indicate in their bid which requirements are inappropriate, costly, etc., so this can be included in the negotiation. It is noted that the entire tender material is subject to negotiation and there are no minimum requirements. For the initial bid to be included in the negotiations, it is a requirement that the bid is submitted within the specified deadline in the schedule.
About the Negotiation Meeting:
Initially, the client will ask questions about the content of the initial bid and clarify any ambiguities, misunderstandings, or inappropriate aspects. The client will point out the relative strengths and weaknesses of the submitted bid. The client will also point out if the initial bid contains elements that would render the bid non-compliant if these elements are not changed in the final bid. However, the contractor cannot expect the client to point out all aspects that may affect compliance. The contractor can then provide feedback on the tender material regarding whether there are requirements in the material that are unnecessarily strict or requirements that are unnecessary and costly for the task. To the extent that the negotiations concern the tender material and its interpretation, the contractors will receive the same feedback, but to the extent that the negotiations concern the contractor's specific solution proposal, each contractor will receive individual feedback. Confidential information from the negotiation meetings with the contractor will not be shared with the other contractors, and the contractor will not receive confidential information from the other contractors' negotiation meetings. The client will prepare minutes from the negotiation meetings, which will only document the content of the individual meetings, in accordance with the rules of the procurement law. The client is aware of the special obligation to ensure that there is no discrimination between the contractors by providing information that may place some contractors in a better position than others. The client therefore strives to ensure that any information - which the client has communicated to one or more contractors during the negotiations, and which is presumed to be relevant to all contractors in relation to the preparation of future bids - will be communicated to all contractors no later than together with the invitation to submit bids. Any supplementary information or changes to the tender material based on the negotiation meetings will also be sent to the contractors.
The tender concerns the conclusion of a contract with a stage machinery contractor in connection with the replacement and modernization of the stage machinery systems at Odense Teater, focusing on the future.
The following, among others, must be carried out:
New revolving stage
New stage hoists
New fly grid
New point hoists
New galleries
New understage
The list is not exhaustive, and the exact scope will be specified in the tender material.
The construction task must follow AB 18, Appendix 5.
7.1	Economic and Financial Standing
The applicant/bidder must meet the following minimum requirements for economic and financial standing, in accordance with procurement law § 142:
•	The applicant/bidder must provide information on equity for the last three completed financial years.
•	The applicant/bidder's equity must be positive in all three completed financial years.
•	The applicant/bidder must provide information on the solvency ratio for the last three completed financial years.
•	The applicant/bidder's solvency ratio must be at least 20% in all three completed financial years (equity/liabilities) x 100%.
•	The applicant/bidder should not have gone through bankruptcy proceedings within the last 10 years.
The applicant/bidder must provide this information in the ESPD section: "Selection."
7.2	Consortium
If a bid is submitted by a consortium, the required information must be provided for each participant in the consortium in separate ESPDs for each consortium participant. The consortium participants must indicate in the ESPD which consortium participant, with binding effect, can conduct clarifying discussions and enter into contracts with the Client. Additionally, the individual participants' services/roles in the consortium must be specified in the ESPD.
In the suitability assessment, the overall suitability of the consortium will be evaluated.
The requirements regarding documentation of the ESPD in section 7.2 also apply to consortium participants
8	Selection Prequalification
The client will prequalify applicants who will be invited to submit offers.
During prequalification, a selection will be made based on an assessment of each applicant's general suitability to handle the tendered task. The purpose is to ensure that the competition for the tendered task takes place among the bidders who are best suited to handle the task. 
In the selection process, the client will prioritize the Bidders that fulfill the requirements that are set out in section 7 of this document and the requirements specified in Appendix 8. 
The Client will invite all bidders that fulfill these criteria to the second phase of this tender. If there are less than 3 bidders fulfilling these criteria the Client will consider the option of looking for a third bidder within the group of bidders that don’t fulfill all criteria.  
In this case, the Client will do an evaluation. 
The Client will talk with the contact persons who the Bidders have named for his references and ask the following questions regarding the Bidders’ performance:
1.	Overall satisfaction with the services delivered
2.	Collaboration with the contractor during the design phase and during the construction phase
3.	Quality and documentation
4.	Adherence to deadlines
5.	Adherence to the offer
6.	Price in relation to the service
Each reference will be evaluated according to these criteria and rated as follows:
Point	Description
5	Best possible references
4	Above average references
3	Average / satisfactory references
2	Below average references
1	Very poor reference
The annual turnover will be evaluated as follows:
Point	Description
3	 More than DKK 25.000.000 ex VAT
2	 More than DKK 20.000.000 ex VAT
1	 More than DKK 15.000.000 ex VAT
The number of permanent employees will be evaluated as follows:
Point	Description
3	 More than 30
2	 More than 20
1	 More than 10
The Client will then select the Bidder with the highest score to proceed to the second phase of this tender.

Eligibility requirements: 7.1	Economic and Financial Standing
The applicant/bidder must meet the following minimum requirements for economic and financial standing, in accordance with procurement law § 142:
•	The applicant/bidder must provide information on equity for the last three completed financial years.
•	The applicant/bidder's equity must be positive in all three completed financial years.
•	The applicant/bidder must provide information on the solvency ratio for the last three completed financial years.
•	The applicant/bidder's solvency ratio must be at least 20% in all three completed financial years (equity/liabilities) x 100%.
•	The applicant/bidder should not have gone through bankruptcy proceedings within the last 10 years.
The applicant/bidder must provide this information in the ESPD section: "Selection."
7.2	Consortium
If a bid is submitted by a consortium, the required information must be provided for each participant in the consortium in separate ESPDs for each consortium participant. The consortium participants must indicate in the ESPD which consortium participant, with binding effect, can conduct clarifying discussions and enter into contracts with the Client. Additionally, the individual participants' services/roles in the consortium must be specified in the ESPD.
In the suitability assessment, the overall suitability of the consortium will be evaluated.
The requirements regarding documentation of the ESPD in section 7.2 also apply to consortium participants
8	Selection Prequalification
The client will prequalify applicants who will be invited to submit offers.
During prequalification, a selection will be made based on an assessment of each applicant's general suitability to handle the tendered task. The purpose is to ensure that the competition for the tendered task takes place among the bidders who are best suited to handle the task. 
In the selection process, the client will prioritize the Bidders that fulfill the requirements that are set out in section 7 of this document and the requirements specified in Appendix 8. 
The Client will invite all bidders that fulfill these criteria to the second phase of this tender. If there are less than 3 bidders fulfilling these criteria the Client will consider the option of looking for a third bidder within the group of bidders that don’t fulfill all criteria.  
In this case, the Client will do an evaluation. 
The Client will talk with the contact persons who the Bidders have named for his references and ask the following questions regarding the Bidders’ performance:
1.	Overall satisfaction with the services delivered
2.	Collaboration with the contractor during the design phase and during the construction phase
3.	Quality and documentation
4.	Adherence to deadlines
5.	Adherence to the offer
6.	Price in relation to the service
Each reference will be evaluated according to these criteria and rated as follows:
Point	Description
5	Best possible references
4	Above average references
3	Average / satisfactory references
2	Below average references
1	Very poor reference
The annual turnover will be evaluated as follows:
Point	Description
3	 More than DKK 25.000.000 ex VAT
2	 More than DKK 20.000.000 ex VAT
1	 More than DKK 15.000.000 ex VAT
The number of permanent employees will be evaluated as follows:
Point	Description
3	 More than 30
2	 More than 20
1	 More than 10
The Client will then select the Bidder with the highest score to proceed to the second phase of this tender.
According to AB 18, the contractor is required to provide a bank guarantee of 15% of the contract sum until the handover of the works. After the handover, this guarantee is reduced to 10% of the contract sum.
Udfyld med tildingskriterier og pris
Udfyldes med alle underkriterier og vægtning
Information on Complaint Deadlines:
According to the Act on the Complaints Board for Public Procurement, the following deadlines apply for submitting a complaint:
Complaint about not being selected must be submitted to the Complaints Board for Public Procurement within 20 calendar days, cf. § 7, subsection 1 of the Act, from the day after the notification is sent to the affected applicants about who has been selected, when the notification is accompanied by a justification for the decision in accordance with § 2, subsection 1, no. 1 of the Act, and § 171, subsection 2 of the Public Procurement Act.
In other situations, a complaint about procurement, cf. § 7, subsection 2 of the Act, must be submitted to the Complaints Board for Public Procurement within:
45 calendar days after the contracting authority has published a notice in the Official Journal of the European Union about the conclusion of a contract. The deadline is calculated from the day after the notice is published.
20 calendar days from the day after the contracting authority has announced its decision, cf. § 185, subsection 2 of the Public Procurement Act.
At the latest, simultaneously with submitting a complaint to the Complaints Board for Public Procurement, the complainant must notify the contracting authority in writing that a complaint is being submitted to the Complaints Board for Public Procurement and whether the complaint is submitted during the standstill period, cf. § 6, subsection 4 of the Act. In cases where the complaint is not submitted during the standstill period, the complainant must also state whether a suspensive effect of the complaint is requested, cf. § 12, subsection 1 of the Act.
The email address of the Complaints Board for Public Procurement is provided in section VI.4.1). The complaint guidance of the Complaints Board for Public Procurement can be found at: www.erhvervsstyrelsen.dk.
Introduction
Most of the stage machinery systems at the Odense Teater are being replaced. A few systems will be partially replaced and overhauled. The stage machinery consists of overstage and understage machinery systems. In addition, the theatre will be equipped with a new stage machinery control system, which will control all stage machinery systems.
The following text does not contain any detailed technical information. It is intended to give the bidder an overview of the scope of the work in order to spark his interest and to give him the opportunity to assess whether he can offer his services within the specified period, taking into account the scope and complexity of the systems described.
Dismantling
The theater's existing systems must be dismantled and disposed of. This includes motor drives, mechanical systems, steel construction, electrical infrastructure and the wooden stage floor.
Stage machinery
The overstage machinery systems to be dismantled currently include the following systems:
22x Counterweight fly bars
8x Powered fly bars
2x Powered lighting Bars
1x Winch drive of the safety curtain
The understage machinery systems to be dismantled currently include the following systems:
6x Orchestra pit elevators (scissor lift)
1x Turntable
The associated infrastructure such as wire ropes, pulleys, flying bars, as well as the supporting and retaining structures must also be dismantled. The electrical infrastructure, including cables, cable support systems and electrical cabinets of these overstage and understage systems, must also be dismantled.
Steel work
In the stage tower, there is a gallery on the left and right, which are connected to the fly grid via a spiral staircase. These must be completely dismantled.
To do this, the pulley beams, winch support beams, grid floor, and flooring beams of the lower fly grid level must be dismantled.
Wooden stage floor
The wooden stage floor with a total area of approx. 190 m2 including the flooring sleepers must be dismantled.
Overstage machinery
The followings overstage machinery systems must be installed:
26x Powered fly bar winches 
Above the orchestra pit there is a powered winch drive of the forestage fly bar, with a lighting grid made of steel tubes on its 8 wire ropes. The winch drive works and is currently in use. The existing winch needs to be refurbished. This winch is installed in a very narrow and difficult to access cavity. As part of the renovation, better access for maintenance work on the winch will be created from above. Nevertheless, installing a new winch would be a lot of work. The existing winch drive is therefore to be refurbished and integrated into the new stage machinery control system. For this, in addition to the axis computer and frequency converter, the encoder, load measurement and limit switch also need to be replaced. The wire ropes and diverter pulleys also need to be replaced. The steel grid will be replaced by two flying bars.
Understage machinery
A new double-deck revolving stage is to be installed. The centre of this revolving stage is to be installed exactly where the current turntable is. The diameter of the upper deck is 10.6 m, like the existing turntable. The diameter of the upper deck is approximately 9.6 m. The upper deck will be supported on rollers on the existing concrete ring, on which the current turntable is already supported, as well as on steel columns that connect the upper deck to the lower deck.
No stage elevators are planned for the revolving stage. However, as many 1x1 m trap doors as possible, which can also be combined in segments to form larger openings, will be integrated into the upper deck.
A slip ring is to be installed for power and network transmission of the AV and lighting systems to the lower deck of the revolving stage.
Stage machinery control system
The stage machinery control system is intended to control all stage machinery systems listed above. 
Electrical infrastructure
The complete electrical infrastructure for the stage machinery system must be installed. In addition to all the cabling on cable support systems, this also includes the cabinets for the auxiliary computers and frequency converters as well as the power supply cabinets. A closed electrical room in the sub-stage is provided for the upper and lower machinery. The supply line to the power supply cabinets is provided by a third-party contractor.
Drive system safety curtain
The existing safety curtain is approximately 6.4 m high and 9 m wide. There are counterweights to the left and right of the door leaf. A new winch drive must be supplied for this existing safety curtain.
Stage tower
Two new galleries are to be installed on the left and right of the stage tower along the outer walls. Stairs will connect the galleries to each other and the upper gallery to the fly grid.
The lower fly grid is to be completely replaced. In addition to the new beams for the pulleys of the fly bars, new flooring beams between the roof racks also need to be installed. Additional support beams for the winch drives and the support of the sound isolation walls described below also need to be installed.
Stage 
The substructures of the stage floor must be adapted to the new revolving stage.
Stage floor
A new wooden stage floor with a total area of approx. 190 m2 must be installed on stage level on the upper deck of the revolving stage as well as the stage areas around the revolving stage and the rear stage. The stage floor shall be the flooring sleepers.

Winner: Konkurrence- og Forbrugerstyrelsen