Public procurement notice: Contract Notice
Published: 2025-02-24
Buyer: Ministry of Foreign Affairs of Denmark
Country: DK
Region: DK011
Contract type: Services
Procedure: Restricted procedure
CPV classification: 75211200 | 79419000
Estimated value: 4300000 DKK
Submission deadline: 2025-03-25
Award criteria: quality, price

Technical requirements: The contracting authority shall exclude an economic operator from participation in the procurement procedure if the economic operator is in a situation like bankruptcy under a corresponding procedure provided for in national law where the economic operator is established, cf. section 137(1)(2) of the Danish Public Procurement Act. The contracting authority will exclude an economic operator from participating in the procurement procedure for 3 years from the date of the relevant event or action, cf. section 138(7) of the Danish Public Procurement Act.
The contracting authority shall exclude an economic operator from participation in the procurement procedure if the economic operator has been declared bankrupt, cf. section 137(1)(2) of the Danish Public Procurement Act. The contracting authority will exclude an economic operator from participating in the procurement procedure for 3 years from the date of the relevant event or action, cf. section 138(7) of the Danish Public Procurement Act.
The contracting authority shall exclude an economic operator from participation in the procurement procedure if the economic operator has been convicted by a final judgment or has accepted a fine for bribery as defined in Article 3 of the Convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union, and Article 2(1) of Council Framework Decision 2003/568/JHA of 22 July 2003 on combating corruption in the private sector (OJ 2003, L 192, p. 54) and bribery as defined in the national law of the economic operator’s Member State or home country or the country in which the economic operator is established, cf. section 135(1)(2) of the Danish Public Procurement Act. The contracting authority shall also exclude an economic operator when a person who has been convicted by a final judgment or has accepted a fine for such acts is a member of the economic operator’s board of directors, executive board, or supervisory board. The contracting authority shall also exclude an economic operator if the convicted person has the authority to represent, control, or make decisions in the economic operator’s board of directors, executive board, or supervisory board, cf. section 135(2) of the Danish Public Procurement Act. When the exclusion period is not determined by a final judgment, the contracting authority shall exclude an economic operator from participating in the procurement procedure for 5 years from the date of the final judgment or accepted fine, cf. section 138(6) of the Danish Public Procurement Act.
The contracting authority shall exclude an economic operator from participation in the procurement procedure if the economic operator is in an arrangement with creditors, cf. section 137(1)(2) of the Danish Public Procurement Act. The contracting authority will exclude an economic operator from participating in the procurement procedure for 3 years from the date of the relevant event or action, cf. section 138(7) of the Danish Public Procurement Act.
The contracting authority shall exclude an economic operator from participation in the procurement procedure if the economic operator has been convicted by a final judgment or has accepted a fine for acts committed as part of a criminal organization as defined in Article 2 of Council Framework Decision 2008/841/JHA of 24 October 2008 (OJ 2008, L 300, p. 42), cf. section 135(1)(1) of the Danish Public Procurement Act. The contracting authority shall also exclude an economic operator when a person who has been convicted by a final judgment or has accepted a fine for such acts is a member of the economic operator’s board of directors, executive board, or supervisory board. The contracting authority shall also exclude an economic operator if the convicted person has the authority to represent, control, or make decisions in the economic operator’s board of directors, executive board, or supervisory board, cf. section 135(2) of the Danish Public Procurement Act. When the exclusion period is not determined by a final judgment, the contracting authority shall exclude an economic operator from participating in the procurement procedure for 5 years from the date of the final judgment or accepted fine, cf. section 138(6) of the Danish Public Procurement Act.

Eligibility requirements: In Part IV.B of the ESPD, the economic operator must fill in its average yearly turnover for the last 2 financial years available (where the economic operator can present annual reports). The economic operator is required to have an average yearly turnover of minimum DKK 8,600,000 for the last 2 financial years available (where the economic operator can present annual reports). When the economic operator is participating in the procurement procedure together with others (e.g a consortia or joint venture) or if the economic operator relies on the capacity of other entities, it is required that the participating economic operators or the economic operator and the entities referred to altogether meet the selection criteria. Each involved economic operator or entity must submit a completed ESPD and the participating economic operators or the entities referred to are subject to joint and several liability for the performance of the contract. The contracting authority can accept annual reports or excerpts hereof or relevant statements from a bank or certified accountant as documentation in relation to the economic and financial standing. When an economic operator is participating in the procurement procedure together with others or when an economic operator relies on the economic and financial standing of other entities, the economic operator must also provide statements of support or other documentation proving that the economic operator has access to the necessary economic and financial standing. The statements of support must establish a legal obligation for the party concerned and state that the involved economic operators or entities are subject to joint and several liability for the performance of the contract.
In Part IV.C of the ESPD, the economic operator must fill in a list of maximum 5 contracts entered into, ongoing or finalized within the last 5 years. The number of performed contracts is determined based on all submitted ESPDs (i.e. from all involved economic operators in a group of economic operators and/or other supporting entities). If an economic operator has listed more than 5 contracts, the contracting authority will only read and assess the 5 most recent contracts listed (first based on end date, then based on start date). Each listed contract should include the following information: (i) A description of the contract (nature and quantity of services from the economic operator and how they compare to the description of this procurement), (ii) amount (remuneration received by the economic operator for the performance of the services), (iii) start date (date of conclusion of the contract), (iv) end date (date of completion of services), and (v) recipient (name and contact information). The economic operator is required to have performed (entered into, ongoing or finalized) minimum: * 1 contract regarding an independent evaluation within the last 5 years that includes support to capacity strengthening; and * 1 contract regarding an independent evaluation within the last 5 years that includes support for energy transition. An ‘independent evaluation’ is an evaluation carried out for an evaluation unit of a development organisation. A monitoring assignment (i.e. a long-term performance review of the implementation and results of a programme) will not be considered as a relevant reference. An award of a framework agreement will not, in itself, be considered as a relevant reference, but a contract awarded under a framework agreement can be considered as a relevant reference if it fulfils the stipulated requirements. If more than 5 economic operators fulfil the minimum requirements to economic and financial standing and technical and professional ability, the contracting authority will select the candidates based on the information concerning technical and professional ability in relation to the object of this procurement. In the selection, the contracting authority will specifically emphasise: (1) The number of relevant contracts, as defined above; (2) The extent to which the performed contracts compare to the description of this procurement, including: (a) the extent to which the performed independent evaluations focused on support for capacity strengthening, and especially in the energy sector; (b) the extent to which the performed independent evaluations focused on support for energy transition, and especially transition to renewable energy; (c) the extent to which the performed contracts concern evaluations of bilateral development cooperation; (d) the extent to which the performed contracts concern evaluations of support in emerging economies, including focus countries of this procurement (Mexico, China, South Africa, Vietnam, Indonesia and India); (3) The extent to which the contracts are performed for clients comparable to the Ministry of Foreign Affairs of Denmark. When the economic operator is participating in the procurement procedure together with others (e.g. a consortia or joint venture) or if the economic operator relies on the capacity of other entities, it is required that the participating economic operators or the economic operator and the entities referred to altogether meet the selection criteria, and the specific parts of the contract must be performed by the economic operators or entities with the required technical and professional abilities. The contracting authority reserves the right to contact the recipients of services or require statements from the recipients, confirming that the economic operator has performed the listed contracts, as documentation in relation to the technical and professional ability. When an economic operator is formed by a group of economic operators or relies on the technical and professional abilities of other entities, the economic operator must also provide statements of support or other documentation proving that the economic operator has access to the necessary technical and professional abilities. The statements of support must establish a legal obligation for the party concerned and state the parts of the contract to be performed by the party concerned.
While observing the principles of equal treatment, transparency and proportionality, the contracting authority may request tenderers to supplement, specify or complete requests to participate and tenders by submitting relevant information or documentation, where the information or documents submitted in requests to participate and tenders are incomplete or incorrect, or where specific documents are missing.
Consists of the sub-criteria: Technical Approach and Methodology (50%); Organisation and Work Plan (30%); Quality Assurance and Business Integrity Management Plan (BIMP) (20%).
Consists of the sub-criteria: Team Leader (50%); Core team members (50%).
Price will be evaluated on the basis of the Contract Price as defined in the Agreement and quoted in Appendix 3.
Actions regarding requests to participate and selection must be submitted within 20 calendar days from the day after the contracting authority has notified the economic operators of the decisions regarding selection. Other actions regarding the procedure (e.g. decisions regarding award of contract) must be submitted within 45 calendar days from the day after the publication of a contract award notice in the Official Journal of the EU. Complaint guidelines (in English) can be found at: https://naevneneshus.dk/media/9802/complaint-guidelines.pdf.

Winner: Mercell Holding ASA