Public procurement notice: Contract Notice
Published: 2025-05-21
Buyer: A/S Øresund
Country: DK
Region: DK011
Contract type: Works
Procedure: Other multiple
CPV classification: 44212410 | 45200000: Building and civil engineering work | 45221110 | 45221112 | 45234100
Estimated value: 332500000 DKK
Submission deadline: 2025-06-19
Award criteria: price, quality
EU fund: eu-funds

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 candidate must submit the European Single Procurement Document ("ESPD") with the candidates' total annual turnover in the three latest financial year(s) available.

As a minimum requirement, a total annual turnover of at least DKK 660 million is required in each of the three latest annual report(s)/financial statement(s) available. If the candidate relies on the capacities of other entities, the turnover is to be calculated as the total turnover of the candidate and such other entities in each of the three latest annual report(s)/financial statement(s) available. For groups of operators (e.g., a consortium), the turnover is calculated as the total turnover of the operators in each of the three latest annual report(s)/financial statement(s) available. The information is to be stated in section IV.B of the ESPD.

In this procedure, the candidate 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 candidate 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 candidate relies on the economic and financial capacity of other entities in relation to the fulfilment of requirements, see below, the candidate and the entities in question will be required by the contracting entity to undertake joint and several liability for the per-formance of the contract.

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

Before the award decision is made, the candidate to whom the contracting entity intends 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 three 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. If the candidate participates as a group of operators (e.g., a consortium) or relies on the economic and financial capacity of other entities, the documentation must be submitted for each entity as well.
The candidate must submit the European Single Procurement Document ("ESPD") with the candidates equity in the latest financial year(s) available.

As a minimum requirement, an equity is required of at least DKK 50 million in the latest annual report/financial statement available. If the candidate relies on the capacities of other entities or participates as a goup of operators (e.g. a consortium), the equity is calculated as the total equity of the candidate and such other entities. The information is to be stated in section IV.B of the ESPD.

In this procedure, the candidate 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 candidate 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 candidate relies on the economic and financial capacity of other entities in relation to the fulfilment of requirements, see below, the candidate 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 candidate fulfils the requirements in respect of economic and financial capacity.

Before the award decision is made, the candidate to whom the contracting entity intends 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 in the latest annual report/financial statement 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. If the candidate participates as a group of operators (e.g., a consortium) or relies on the economic and financial capacity of other entities, the documentation must be submitted for each entity as well.
The candidate must submit the ESPD with a list of the 5 most significant comparable works that the candidate has carried out in the latest 5 years before the expiry of the deadline for application.

As a minimum requirement, the candidate must have documented experience within the last 5 years through one or more references with the following: 
• A railway project involving several of the following disciplines: sheet piling, constructions work along the railway, earthworks, drainage and railway safety
• A construction project carried out near an operational railway
• A construction project related to the railway, including the construction of a bridge over the railway

Only references relating to works carried out at the time of the deadline for application will be given importance in the evaluation of whether the requirements regarding technical and professional capacity have been complied with, see below. Hence, in the case of an ongoing task, only the part of the works already performed at the time of the deadline for application will be included in the evaluation of the reference.

Each reference is requested to include a brief description of the deliveries made. The description of the delivery should include a clear description of the works to which the delivery relates and the candidates role(s) in the performance of the delivery. The reference is furthermore requested to include the financial value of the delivery (amount), the date of delivery and the name of the custom-er (recipient).

When indicating the date of the delivery, the candidate is requested to indicate the date of com-mencement and finalisation of the delivery. If this is not possible, for example if the tasks were per-formed on a continuous basis under a framework agreement, the candidate is asked to indicate how the date is specified.

No more than 5 references may be stated, irrespective of whether the candidate is a single opera-tor, whether the candidate relies on the technical capacity of other entities, or is a group of opera-tors (e.g. a consortium). Where more than 5 references are stated, only the most recent 5 references will be taken into account. Any additional references will be disregarded. If it is not possible to de-cide which references are the most recent 5 references, the references will be selected by drawing lots.

In this procedure, the candidate may rely on the technical capacity of other operators to fulfil the suitability requirements. The operator(s) making its/their technical capacity available to the candidate 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 candidate relies on the professional experience of other entities for the performance of specific parts of the works comprised by the contract, such specific parts of the works under the contract must be performed by the entity on which the candidate relies.

The ESPD serves as provisional documentation that the candidate fulfils the requirements in re-spect of technical and professional ability.

No additional documentation of technical and professional capacity will be required from the candidate. However, the contracting entity reserves the right to contact the candidate or the customer stated in the reference for verification of the information stated in the reference, including the dates of the reference indicated.
The contracting entity will select three (3) candidates by applying this selection criterion, unless the contracting entity receives no more than three (3) compliant requests for participation. The shortlisting of candidates invited to tender will be based on an evaluation of which candidates have documented the most relevant comparable works, of the services covered by the contract based on the references provided in the ESPD, cf. above.

The relevance assessment will be made on the basis of the extent to which the references document experience in the delivery of comparable works. Emphasis will be put on:
• Experience with works whose complexity imposes strict requirements on project logistics. Complexity is understood as works carried out under a tight schedule, in a confined workspace, and on/near an operational railway.
• Experience with similar works with a contract value exceeding DKK 150 million
• Experience with works encompassing various disciplines, including earthworks, sheet piling along the railway, bridge works and earth works. 

In the evaluation of which candidates have documented the most relevant deliveries of comparable works, the extent to which the references, in total, document relevant experience will be considered.
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 includes social clauses on the use of trainees. 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.
See Tender specifications
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:

Complaints of not having been selected must be submitted to the Danish Complaints Board for Public Procurement before the expiry of 20 calendar days, see section 7(1) of the Act, from the day after submission of notification to the candidates concerned of the identity of the successful tenderer where the notification is accompanied by an explanation of the grounds for the decision in accordance with section 2(1), para (1) of the Act and section 171(2) of the Danish Public Procurement Act. 

In other situations, complaints of award procedures, see section 7(2) of the Act, must be lodged with the Danish Complaints Board for Public Procurement before the expiry of:

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/.

Winner: Mercell Holding ASA