Public procurement notice: Contract Notice
Published: 2025-07-16
Buyer: Energinet Gastransmission A/S
Country: DK
Region: DK032
Contract type: Supplies
Procedure: Negotiated with prior call for competition
CPV classification: 38432100 | 38432210 | 38545000 | 39340000 | 39341000
Estimated value: 5000000 EUR
Submission deadline: 2025-08-08
Award criteria: price, quality

Technical requirements: Has the economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein been the subject of a conviction by final judgment for corruption, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable? 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, OJ C 195, 25.6.1997, p. 1, and in Article 2(1) of Council Framework Decision 2003/568/JHA of 22 July 2003 on combating corruption in the private sector (OJ L 192, 31.7.2003, p. 54). This exclusion ground also includes corruption as defined in the national law of the contracting authority (contracting entity) or the economic operator. "
For Danish applicants/tenderers the documentation is entailed in the “Serviceattest” which can be acquired from the Danish Business Authority. The time frame from request of a Serviceattest until receipt is usually two weeks. For foreign applicants/tenderers it is the experience of the Contracting Authority that the time frame for receipt of this documentation varies within the individual member states. As a result, The Contracting Authority strongly advises foreign applicants/tenderers to obtain this documentation as early as possible. Preferably the documentation should be ready and available already in connection with the prequalification. The EU Commission has launched e-CERTIS, a free, on-line source of information to help companies and contracting authorities to deal with different forms of documentary evidence required when tendering for public contracts. Information regarding relevant certificates can be obtained from: https://ec.europa.eu/tools/ecertis/#/search
Has the economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein been the subject of a conviction by final judgment for fraud, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable? Within the meaning of Article 1 of the Convention on the protection of the European Communities' financial interests (OJ C 316, 27.11.1995, p. 48).
For Danish applicants/tenderers the documentation is entailed in the “Serviceattest” which can be acquired from the Danish Business Authority. The time frame from request of a Serviceattest until receipt is usually two weeks. For foreign applicants/tenderers it is the experience of the Contracting Authority that the time frame for receipt of this documentation varies within the individual member states. As a result, The Contracting Authority strongly advises foreign applicants/tenderers to obtain this documentation as early as possible. Preferably the documentation should be ready and available already in connection with the prequalification. The EU Commission has launched e-CERTIS, a free, on-line source of information to help companies and contracting authorities to deal with different forms of documentary evidence required when tendering for public contracts. Information regarding relevant certificates can be obtained from: https://ec.europa.eu/tools/ecertis/#/search
Has the economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein been the subject of a conviction by final judgment for money laundering or terrorist financing, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable? As defined in Article 1 of Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (OJ L 309, 25.11.2005, p. 15).
For Danish applicants/tenderers the documentation is entailed in the “Serviceattest” which can be acquired from the Danish Business Authority. The time frame from request of a Serviceattest until receipt is usually two weeks. 
For foreign applicants/tenderers it is the experience of the Contracting Authority that the time frame for receipt of this documentation varies within the individual member states. As a result, The Contracting Authority strongly advises foreign applicants/tenderers to obtain this documentation as early as possible. Preferably the documentation should be ready and available already in connection with the prequalification. 
The EU Commission has launched e-CERTIS, a free, on-line source of information to help companies and contracting authorities to deal with different forms of documentary evidence required when tendering for public contracts. Information regarding relevant certificates can be obtained from: https://ec.europa.eu/tools/ecertis/#/search
Has the economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein been the subject of a conviction by final judgment for participation in a criminal organisation, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable? As defined in Article 2 of Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime (OJ L 300, 11.11.2008, p. 42).
For Danish applicants/tenderers the documentation is entailed in the “Serviceattest” which can be acquired from the Danish Business Authority. The time frame from request of a Serviceattest until receipt is usually two weeks. 
For foreign applicants/tenderers it is the experience of the Contracting Authority that the time frame for receipt of this documentation varies within the individual member states. As a result, The Contracting Authority strongly advises foreign applicants/tenderers to obtain this documentation as early as possible. Preferably the documentation should be ready and available already in connection with the prequalification. 
The EU Commission has launched e-CERTIS, a free, on-line source of information to help companies and contracting authorities to deal with different forms of documentary evidence required when tendering for public contracts. Information regarding relevant certificates can be obtained from:
https://ec.europa.eu/tools/ecertis/#/search
Has the economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein been the subject of a conviction by final judgment for terrorist offences or offences linked to terrorist activities, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable? As defined in Articles 1 and 3 of Council Framework Decision of 13 June 2002 on combating terrorism (OJ L 164, 22.6.2002, p. 3). This exclusion ground also includes inciting or aiding or abetting or attempting to commit an offence, as referred to in Article 4 of that Framework Decision.
For Danish applicants/tenderers the documentation is entailed in the “Serviceattest” which can be acquired from the Danish Business Authority. The time frame from request of a Serviceattest until receipt is usually two weeks.
For foreign applicants/tenderers it is the experience of the Contracting Authority that the time frame for receipt of this documentation varies within the individual member states. As a result, The Contracting Authority strongly advises foreign applicants/tenderers to obtain this documentation as early as possible. Preferably the documentation should be ready and available already in connection with the prequalification. 
The EU Commission has launched e-CERTIS, a free, on-line source of information to help companies and contracting authorities to deal with different forms of documentary evidence required when tendering for public contracts. Information regarding relevant certificates can be obtained from: https://ec.europa.eu/tools/ecertis/#/search

Eligibility requirements: The applicant must confirm the economic ability in the ESPD part IV.B with information from the latest annual report regarding the following economic indicators:
1. Equity (total equity incl. share capital, reserves, revaluation, retained earning etc.)
2. Equity ratio (equity/total assets). This must be stated with two decimals.

If the applicant relies on the capacities of one or more entities (e.g., an affiliated company or a subcon-tractor) or the applicant is a group of economic operators (e.g., a consortium) the information for the ESPD part IV.B must also be given in a separate ESPD from each of these entities. In this context it will be sufficient that one of the entities fulfill the standards required in isolation or that the applicant, including the capacity of other entities, or a group of economic operators fulfill it jointly. 

Minimum requirement to economic and financial standing: 
Concerning 1: Equity from the latest annual report must, at the time of prequalification, be at least EUR 375.000. 
Concerning 2: Equity ratio from the latest annual report must, at the time of prequalification, be at least 20 pct. If the equity ratio is between 15 pct. and 20 pct. the applicant can qualify if Equity exceeds EUR 1.100.000.
The suitability of applicants fulfilling the minimum requirements to economic and financial standing, cf. section 2.1.1, will be assessed based on technical and professional ability. The ability will be assessed based on references which can be filled in ESPD part IV.C. 

The applicant is allowed to submit up to five (5) most comparable and relevant references undertaken in the past three (3) years as part of the application. By "undertaken in the past three (3) years” implies that the reference must not have been completed prior to the date reached when counting 3 years backwards from the submission date for prequalification. References older than this will not be taken into consideration. References which have not yet been fully completed can be included as part of the application, however the applicant must describe the parts which have not yet been delivered, and this may affect the evaluation of the applicant, cf. section 2.3.

Each reference should include the following information and can be included under the relevant headings in ESPD part IV.C:

Description: A specific description of the delivery, including the following elements
o Type of gas the delivered instrument has analyzed, e.g., natural gas, LNG, etc.
o Data handling and storage, e.g., how data was managed, including the number of days data was stored, communication protocols used, etc.
o Type of instrument delivered, e.g., gas chromatograph for THT or similar
o Type of sample systems used for the instrument package, e.g., whether design of the sample system, cabinets, etc., was delivered with the instrument
Amount: Contract value (if possible)
Start date: Date of initiation (day, month, year) 
End date: Date of final delivery (day, month, year)
Recipients: Contact information for the entity in question (including contact person)

Please note the “description” box in ESPD part IV.C. can contain more text than is visible and it is possible to copy paste text into the box. 

Any ambiguities and/or incomprehensibilities may have a negative effect on the selection of applicants, cf. section 2.3. 

If the applicant is relying on the capacity of one or more other entities (e.g. a parent or sister company or a subcontractor) or the applicant is a group of economic operators (e.g. a consortium) the maximum number of references to be submitted must still be respected and cannot exceed 5 when combined. If more than 5 references are submitted, the Contracting Authority will only consider the 5 most recent references determined by date of final delivery (in this case not yet finished references will not be included).

If the applicant relies on other entities capacity or is part of a group of economic operators the information concerning ESPD part IV.C must be submitted in separate ESPD’s for each entity. It is the applicant’s sole responsibility to ensure that the requirement concerning technical and professional ability is met.
If more than five [5] applicants fulfill the minimum requirements regarding economic and financial standing, cf. section 2.2.1, the Contracting Authority will prequalify the 5 applicants who are evaluated as most qualified for the specific tendered assignment. 

The selection of the most suitable applicants will be based on the applicant’s references, cf. section 2.2.2. 

The assessment of the references will be based on to which extent the references demonstrate extensive experience with deliveries comparable to the tendered assignment cf. section 1.4 regarding solution, complexity, scope and purpose, especially concerning:
• Experience with delivery of Gas Chromatograph with sample systems for analyzing THT or gas similar to THT in connection with natural gas
Access to Appendix 2.4 – Cyber Security Requirements for components is restricted due to the document's confidential nature. It is available only upon signing of the Non-Disclosure Agreement (doc. no. 25/11405-24) attached to the Tender Documents. Access to this document will be granted after signing of the Non-Disclosure Agreement.
See Draft Framework Agreement
Prices must be stated in Appendix 3: Schedule of Prices (doc.no. 25/11405-14) and the defined price elements must be completed herein. Prices must be stated exclusive of VAT but inclusive of all other expenses associated with the purchase.
 
Prices must be stated in EUR. When evaluating 'Price', the Contracting Authority will evaluate the grand total price for evaluation, cf. the Schedule of Prices (doc.no. 25/11405-14).

The tenderer must fill out all yellow cells in Appendix 3: Schedule of Prices in order to be compliant, cf. sub-section 3.7.1 in this document.
The tenderer must include a completed appendix 2.5: Solution description (doc.no. 25/11405-13) which demonstrates the level of fulfillment of the specifications requested by the Contracting Authority, including any deviations in the proposed solution. Furthermore, the tenderer must include a detailed description of the tendered solution regarding the main elements and especially the tenderer should document: 

a) Instrument packages
• Drift/accuracy/repeatability evaluation 
• Certificates of international standards and third parties
• Performance evaluation rapports from third party testing laboratories for offered in-struments
• Description of Calibration

b) Programming and configuration
• Images showing the programming/configuration software screens with an explanation of the basic functions of each icon/menu 
• A printable report of the parameterizations/configurations to the instrument
• Programming documentation with comments/explanations

c) Gas Sampling and Conditioning System
• A sample system sketch and lag-time calculation adapted to these measures, showing volumes of all filters, t-branched and tubes

d) Data connection and data storage
• A description of data connection and data storage

The tenderer must use the Clarification List (doc.no. 25/11405-19). The proposed deviations to the technical solution must be stated in the spreadsheet marked “Technical clarification” and should be explicit and with explanation as to why they are made. In the evaluation of “Technical solution”, the Contracting Authority will evaluate the extent to which the tenderer complies with appendix 2: Scope of Work (doc.no. 25/11405-8), including the scope and content of any deviations in relation thereto. Any deviations may lead to a reduction to the score depending on the content, clarity, and consequence. In this context, the elements listed below are of particular importance:

a) Instrument packages 
• It will be evaluated positively if the THT Gas Chromatograph is tested by an independent testing organization and that the accredited calibration certificate is traceable to international standards.
• It will be evaluated positively if the THT Gas Chromatograph can both be automatically calibrated and perform manually selected calibration.

b) Programming and configuration
• It will be evaluated positively if the configuration of the THT Gas Chromatograph is clear and logically structured e.g., a software interface with grouped settings and clearly labeled menus for easy navigation.

c) Gas Sampling and Conditioning System
• It will be evaluated positively if the location of the pressure reduction points is close to the sampling point, to minimize gas transport time.
• It will be evaluated positively if the offered solution designs the sampling system without T-branches, dead ends, or oversized filters, to minimize gas transport time.

d) Data connection 
• It will be evaluated positively if the data connection and communication of the THT Gas Chromatograph can be adapted to the systems of the Contracting Authority, e.g., the data connection uses standard Modbus over TCP/IP, and the data and alarms are accessible to the Contracting Authority’s network and SCADA-system.

An overall evaluation will be made of this sub-criterion.

It is a minimum requirement that the tenderers reach a minimum score of 4 for the tender to be compliant, cf. sub-section 3.7.1 in this document.
The tenderer must include a completed Appendix 2.4: Cyber Security Requirements for components (doc.no. 25/11405-12) which documents the tenderer’s fulfillment of the Contracting authority’s Cyber Security requirements, including any deviations in the proposed solution. The tenderer should be thorough and precise when describing the solution, as any deviations from the Cyber Security Requirements must be specified in Appendix 2.4 and explained in detail.
 In the evaluation of “Cyber Security”, the Contracting Authority will evaluate the extent to which the tenderer complies with Appendix 2.4: Cyber Security Requirements for components (doc.no. 25/11405-12). 

All deviations will be included in the evaluation, and any deviations may lead to a reduction to the score depending on its clarity, content, and consequence. In this regard it is explicitly noted that deviations to access control and logging requirements are of particular significance in the evaluation.

An overall evaluation will be made of this sub-criterion.

It is a minimum requirement that the tenderers reach a minimum score of 4 for the tender to be compliant, cf. sub-section 3.7.1 in this document.
As part of the evaluation the tenderer must state the total sample gas usage of the THT Gas Chromatograph and sample system in cc/min. 

The tenderer must include the calculation of the total sample gas usage. The calculation must be based on a case comprising a single sampling point with a cabinet that has a 15-meter sample line between the THT Gas Chromatograph and the sampling location.  The evaluation of the sub-criterion “Emissions” will be based on the stated total sample gas usage as offered by the tenderer. 

A total sample gas usage of the THT Gas Chromatograph and sample system of 500 cc/min or under will result in a score of 10, whereas a total sample gas usage of 1000 cc/min or over will result in a score of 0. In between these two points scores will be given on the basis of linear interpolation.
The tenderer must state the maximum guaranteed delivery time from Signing of specific Agreement under Framework Agreement till Acceptance of all documentation (milestone 1 to 6). The delivery time must be stated in appendix 4: Time and Payment Schedule (doc. no. 25/11405-15).
 
It should be noted the guaranteed delivery time stated by the tenderer will be penalized in the contract, cf. General Terms and Conditions (doc.no. 25/11405-5), section 15. The evaluation of the sub-criterion “Delivery time” will be based on the stated delivery time from Signing of specific Agreement under Framework Agreement till Delivery to delivery place (milestone 1 to 3) as offered by the tenderer. 

A delivery time of 32 weeks or under will result in a score of 10, whereas a delivery time of 45 weeks or more will result in a score of 0. In between these two points scores will be given on the basis of linear interpolation. 

An offered delivery time (from milestone 1 to 3) above 65 weeks will not be accepted and will result in the tender being considered as non-compliant, cf. sub-section 3.7.1 in this document.

Winner: Mercell Holding ASA