Public procurement notice: Contract Notice
Published: 2018-06-26
Buyer: DSB
Country: DK
Contract type: Supplies
Procedure: Negotiated procedure
CPV classification: 34600000 | 34620000 | 34622000 | 34622200 | 34630000
Estimated value: 50000000000 DKK
Submission deadline: 2018-09-10
Award criteria: The most economic tender

Technical requirements: DSB seeks to acquire electric trainsets and a variety of interconnected deliverables. The purpose of the acquisition is to enable DSB to carry out its passenger transport operations. Furthermore, DSB intends to acquire full service maintenance including management and performance of maintenance and all related technical support services and delivery of spare parts for the electric trainsets and other supplier services.
Thus, the procurement consists of a framework agreement for acquisition of electric trainsets and other deliverables (Supply Agreement, “SA”) and maintenance services as a Full Service Agreement (FSA) and other Supplier Services for the electric trainsets (Maintenance Agreement, “MA”). The 2 agreements are interconnected and the tender procedure for the agreements is the same. Award will take place for both agreements to the same tenderer in accordance with the common award criteria, see section II.2.5.
The SA covers electric trainsets and interconnected deliverables (e.g. documentation, training incl. simulator solution, related IT systems and services). The SA has a minimum committed purchase of 100 trainsets and the possibility to acquire further trainsets and interconnected deliverables. The trainsets shall be self propelled electric trainsets for passenger transport in regional and fast services on the infrastructure in Denmark. It shall be possible to operate the trainsets coupled in multiple operation. It is expected that the trains will be required to provide levelled access from 550 mm platforms and provide functionality to support short travel times such as high operational speed, good acceleration and fast passenger exchange.
The SA is expected to have a duration of 8 years with an option for extension for up to 4 years. Due to uncertainty regarding the infrastructure and operational needs and requirements, DSB needs to be able to acquire further trainsets until 2032 if the option is exercised. From an operational and economical perspective DSB needs to have a uniform fleet to minimize complexity in regard to e.g. maintenance, training, spare parts, documentation and to assure flexibility in the operation of the fleet. In the view of DSB, these grounds satisfy the conditions for a contract period of up to 12 years, see the utilities directive art. 51(1). If the option is exercised, the last purchase order shall be placed before expiration of the 12 years, however delivery may take place and guarantees etc. may be valid after the expiration of the 12 years. Preliminary takeover (PTO) of the first trainset is expected to take place 42 months after contract signature. However, the delivery time and rate of delivery depend on a variety of circumstances, e.g. Banedanmark’s projects concerning the railway infrastructure, and delays in these projects may influence the needed time and rate of delivery and these may be changed during the negotiations.
The MA is expected to have a duration of 30 years from PTO of the first trainset. However, the MA shall commence at contract signature. The maintenance shall be carried out in workshops (incl. handover points) provided by DSB, which the supplier shall furnish with machinery, special tools and other equipment needed to maintain the trainsets. The maintenance services shall consist of management and execution of preventive and corrective maintenance incl. planning, onsite fault finding, technical support, provision of spare parts, documentation and training. The other Supplier Services will consist of design authority services, extended engineering support, configuration and documentation management, obsolescence management, IT services and product platform evolution services incl. future modifications of the trainsets.
The exact content of the deliverables under the agreements is subject to negotiation, see Tender Conditions clauses 7 and 9.
DSB has an option to extend the MA for up to 10 years (in total approx. 44 years from contract signature) because the trainsets have a life expectancy of 30 years or more and it is necessary for DSB to have the same supplier throughout the agreement. Furthermore, a great deal of knowledge and experience will be gathered throughout the contract period. The need to minimize the technical and logistical difficulties that a change of supplier will result in also sustains the need for a contract period of the said length. In the view of DSB, the MA is not a framework agreement in itself, but in DSB’s view these grounds in any event satisfy the conditions for a contract period of the said length, see the utilities directive art. 51(1).
The MA may be terminated for convenience after 15, 20 or 25 years. Please note that the MA is expected to contain fallback provisions requiring the supplier to recommence the delivery of maintenance services that may expire or be terminated, e.g. if the transfer to another service provider fails.
The SA is expected to have a duration of 8 years with an option for extension for further 4 years (2 times 2 years).
If more than the required number of applicants fulfill the minimum requirements, see sections III.1.2) and III.1.3), the selection of the applicants that will be invited to submit tenders will be based on an evaluation of which applicants have documented the most relevant previous deliveries and services in comparison to the agreements described in sections II.1.4) and II.2.4) above, in terms of the comparability and quantity of the previous deliveries and services. It will be regarded positively in the assessment if each reference fulfills as many minimum requirements as possible, see section III.1.3), and if a train solution has been taken over and put in commercial operation by an external customer. Please note that any ambiguities and/or unclearness in the information submitted in the ESPD in response to section III.1.3) may be regarded negatively in the evaluation when selecting the limited number of candidates.
The Supply Agreement contains options for extension for further 4 years (2 times 2 years). The Maintenance Agreement contains options for extension for further 10 years (2 times 5 years).
The applicant must submit a completed version of the European Single Procurement Document (ESPD), including Part IV, section B, which shall contain information concerning the financial ratios, total annual turnover and balance sheet total described below (A - E).
DSB intends to ask the applicants to provide documentation for their fulfillment of the minimum requirements concerning financial and economic standing after pre-qualification. Further information is provided in the tender material. The documentation shall consist of audited financial statements or excerpts thereof for the 3 latest financial years, depending on the date on which the applicant's undertaking was set up or the applicant started trading, where publication of financial statements is required under the law of the country in which the applicant is established, or any other form of documentation which DSB deems appropriate, where the applicant is unable to present audited financial statements for a valid reason. Specifically concerning the calculation of debt ratio it is noted that if the net interest bearing debt cannot be deducted from the audited financial statements of the applicant, the applicant may document fulfillment of the minimum requirement for debt ratio by providing a statement from a state authorized accountant with information about the net interest bearing debt or by performing the calculation of debt ratio based on the applicant’s net debt (instead of net interest bearing debt) and provide documentation for the net debt in the form of audited financial statements or excerpts thereof etc., see above. By ‘financial year’ is meant either a calendar year (1 January — 31 December) or a season (e.g. 1 July — 30 June).
The applicant must meet the following minimum requirements at the time of prequalification as an average of the last 3 financial years prior to the deadline for submission of application for prequalification:
(D) A debt ratio of under 4 – calculated by dividing net interest bearing debt with EBITDA (net interest bearing debt/EBITDA)


Award value: 50000000000