Re-tender for fasteners and rail pads for the sleeper types: S99, SB16 & S16 for use in the Danish rail network (1)

Banedanmark is re‑tendering fasteners and rail pads specifically designed for three types of monoblock sleepers – S99, SB16 and S16 – to be used within the Danish rail network. The framework agreement grants Banedanmark a unilateral right, rather than an obligation, to order these components exclusively for production at the Sleeper Factory. The contract is deliberately limited to new fasteners and pads supplied for sleeper manufacturing; it does not cover replacement or maintenance of existing fastener assemblies across the network.

The procurement is structured into three distinct phases: an initial Design, Validation and Product Type Acceptance stage; a second Phase focused on the retrofitting of the Sleeper Factory; and a final Manufacturing and Delivery Production Phase. Companies participating in the tender must comply with EU utilities procurement legislation, Danish public procurement law, and relevant sanctions regulations, and are required to submit preliminary evidence of compliance through an ESPD and related declarations. Participation is limited to electronic submission and must be captured in a single tender covering the entire scope of the contract.

All supplied fasteners and rail pads must be fully compatible with Banedanmark’s monoblock sleeper types S99, SB16 and S16 and satisfy the design validation and product type acceptance criteria established for the sleeper factory.

In accordance with the provisions of Directive 2014/25/EU (the Utilities Directive as implemented by Executive Order no. 1078 of 29 June 2022 on procurement by entities operating in the water, energy, transport and postal services sectors), a framework agreement for Fasteners for Banedanmark’s monoblock sleepers is put out to tender. The framework agreement gives Banedanmark a right, but not an obligation, to order the above-mentioned fasteners and rail pads. The Framework Agreement is exclusive regarding supply of fasteners to be used at Banedanmark's Sleeper Factory. Fasteners to be used in connection with maintenance and replacement of existing fasteners in Banedanmark’s infrastructure are not covered by this agreement. The execution of the Framework Agreement is divided into three phases: (1) Design, Validation and Product Type Acceptance Phase (2) Retrofitting of Sleeper Factory Phase (3) Manufacturing and Delivery Production Phase For more information reference is made to the tender material.
Additional information: 1) In the event of changes to selected applicants or tenderers, the rules in Section 147 of the Danish Public Procurement Act shall apply in full. 2) It is noted that each applicant may only submit one application for prequalification. 3) The contracting authority may request applicants to supplement, clarify or complete the application pursuant to Article 76(4) of the Utilities Directive, if the applications or tenders do not meet the formal requirements of the tender documents. 4) The EU’s fifth package of sanctions (Regulation (EU) 2022/576): As a result of the EU’s fifth package of sanctions, see Regulation (EU) 2022/576 of 8 April 2022 amending Regulation (EU) no. 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine), contracting authorities or entities in the EU may not award public contracts or concessions to the following types of tenderers: Russian nationals, undertakings or other legal entities established in Russia; non-Russian undertakings which are (directly or indirectly) owned for more than 50% by a Russian national or undertaking; non-Russian undertakings acting on behalf of a Russian national or undertaking. Russian sub suppliers and supporting entities are also covered by the sanctions if their contribution accounts for 10% or more of the contract value. Before making the award decision, Banedanmark will request to receive documentation that the tenderer is not comprised by the prohibition, see clause 8. For this purpose, the tenderer may use Appendix C “Solemn declaration re. fifth package of sanctions”. 5) The Danish Investment Screening Act : In section section 1.1.5 of the Tender Specifications, Banedanmark has requested the tenderers to state whether their conclusion of the framework agreement is subject to the requirement for authorisation under the Danish Investment Screening Act. Further guidance on the Act and its scope of application is available here (in Danish): https://erhvervsstyrelsen.dk/vejledning-aktiviteter-omfattet-af-investeringsscreeningsloven. The tenderer is responsible for applying for and obtaining authorisation if the tenderer’s conclusion of the framework agreement is subject to the Act. Banedanmark’s award decision is made subject to the successful tenderer submitting documentation. Banedanmark reserves the right during the procurement process to request candidates and tenderers to provide information about whether their contract conclusion is covered by the Act and to provide a status on any application for authorisation. 6) Participation in the tender can only be done electronically via the contracting authority's electronic tendering system. In order to access the tender documents and participate in the process, interested companies must register online. As part of their tender, the tenderer must complete and submit an ESPD as preliminary evidence of the conditions mentioned in Section 148 of the Public Procurement Act, cf. Section 12 of the Implementing Order. In the case of a group of undertakings (e.g. a consortium), a separate ESPD must be submitted for each of the participating economic operators. If the tenderer relies on the capabilities of other entities, an ESPD must be submitted for each of the entities on which the tenderer relies. If the contract is awarded to a group of economic operators (e.g. a consortium), the participants in the group must assume joint and several liability and appoint a joint authorized representative. Before the award decision, the tenderer to whom the contracting authority intends to award the contract must provide documentation for the information provided in the ESPD in accordance with sections 151 and 152 of the Public Procurement Act, cf. section 12 of the Implementation Order. Banedanmark may require the submission of documentation at any time during the tender process if deemed necessary. 7) Banedanmark will accept the documentation for grounds for exclusion that appears from e-Certis, cf. section 152(3) of the Danish Public Procurement Act, cf. § 12 of the Implementation Order. Documentation may include the following forms of evidence: - An extract from the relevant register or equivalent document issued by a competent judicial or administrative authority, showing that the applicant is not covered by the grounds for exclusion, or A certificate issued by the competent authority in the country concerned as proof that the applicant is not covered by the grounds for exclusion. If the country concerned does not issue the abovementioned documents or certificates, or these do not cover all the grounds for exclusion, they may be replaced by a declaration under oath. If the tenderer is found to be covered by a ground for exclusion, the tenderer has the option of initiating a self-cleaning procedure, cf. § 138 of the Danish Public Procurement Act, cf. § 11(1)(2) of the Implementation Order. 8) The candidate may rely on the capacities of other entities (e.g. a parent or a fellow subsidiary or a sub-supplier) regardless of the nature of the legal relationship between the candidate and such other entities. The supporting entities may not be affected by any of the exclusion grounds. The other entity(ies) on which the candidate relies must therefore also submit a completed ESPD with the information requested by Banedanmark. In the suitability assessment, in case a candidate relies on a supporting entity, Banedanmark will perform an overall assessment of the information provided by the candidate and the supporting entity. Together, they must meet the defined minimum requirements for suitability. In connection with obtaining documentation, a candidate/tenderer relying on the capacities of other entities must submit a letter of support proving that the relevant supporting entity has a legal obligation towards the candidate/tenderer. The candidate/tenderer may use Appendix B “Template for declaration of support”. 9) Tenders can only be submitted for the entire scope of the contract. 10) The contracting authority does not provide participation fees. 11) Mandatory exclusion grounds: Banedanmark must exclude a candidate from participating in the procurement procedure if the candidate is subject to the mandatory exclusion grounds mentioned in sections 134a, 135 and 136 of the Danish Public Procurement Act. Information on the mandatory exclusion grounds set out in sections 135 and 136 must be provided in the following sections of Part III “Exclusion grounds” of the ESPD: Section III.A: “Grounds relating to criminal convictions” Section III.B: “Grounds relating to the payment of taxes or social security contributions” Section III.C: “Grounds relating to insolvency, conflicts of interests or professional misconduct”. 12) Discretionary exclusion grounds In addition, Banedanmark will exclude a candidate to whom one or more of the circumstances specified in section 137(1)(i)-(iii) and (v) of the Danish Public Procurement Act applies in the event of: the candidate’s non-compliance with environmental, social and labour regulations; the candidate’s (i) bankruptcy, (ii) insolvency, (iii) composition with creditors under which all creditors will be bound, (iv) a situation analogous to bankruptcy under national law, (v) assets being administered by a liquidator, and (vi) suspension of the business activities; the candidate’s agreements with other economic operators with a view to distortion of competition; the candidate’s attempt to influence the decision-making process of the contracting authority. Information on the discretionary exclusion grounds must be provided in the following sections of Part III “Exclusion grounds” of the ESPD: Section III.C: “Grounds relating to insolvency, conflicts of interests or professional misconduct”. 13) The estimated contract amount is calculated on basis of available pricing information and the estimated future demand for fasteners in the contract period. The maximum contract value is based on the calculated estimated value to which is added 40% to cover fluctuations in the contract period
Place of performance: DK042

Lot: LOT-0000
Title: Re-tender for fasteners and rail pads for the sleeper types: S99, SB16 & S16 for use in the Danish rail network (1)

Procurement documents
Address of the procurement documents: https://eu.eu-supply.com/app/rfq/rwlentrance_s.asp?PID=454801&TID=200415540&B=