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

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.Main features of the procedureThe procurement will be conducted as a negotiated procedure, and the framework agreement will expectedly be awarded to the tenderer submitting the most economically advantageous tender based on the award criterion, see section 7 of the tender specifications. The procurement process is as follows: 1. Request for prequalification: The economic operators submit a request for prequalification. Based on the requests received, Banedanmark will prequalify four (4) economic operators. 2. Invitation to submit an initial tender: Banedanmark invites the prequalified economic operators to submit an initial tender. Accordingly, tenders may only be submitted by economic operators that have been prequalified. 3. Submission of initial tender: The prequalified economic operators submit an initial tender. The initial tenders form the basis of the subsequent negotiation meetings. Please note: Banedanmark reserves the right to award directly on the basis of initial offers, in which case no negotiation meetings will be held. 4. Negotiation meetings: Tenderers having submitted an initial tender in due time will subsequently be invited to a negotiation meeting. The negotiations will be conducted in accordance with the principle of equal treatment, which means that all tenderers will be allotted the same time for negotiations with Banedanmark. One (1) negotiation meeting will be held with each tenderer. The negotiation meeting is expected to have a maximum duration of four (4) hours, but Banedanmark reserves the right to change the duration should this prove to be required. Before the negotiation meeting, Banedanmark will forward an agenda for the meeting and a specification of the key issues which Banedanmark wishes to discuss with the tenderer. It should be noted that this specification is not exhaustive and that other issues than those specified beforehand may also be discussed at the individual negotiation meetings. The purpose of the negotiations is partly to allow the tenderers to optimise their tenders, partly to ensure that the tenderers submit compliant tenders. Finally, the negotiations may also cause Banedanmark to revise the tender documents. During the negotiations, Banedanmark will provide the individual tenderer with general information about its overall view of the strengths and weaknesses of the initial tender. However, it is the sole responsibility of the tenderer to ensure that it ultimately submits a compliant final tender. Banedanmark wishes as a starting point to negotiate on these points: Type-approval process of the offered fasteners Process for retrofitting of Sleeper Factory (if necessary) Special conditions and elements that affect delivery time and ability Logistics (including warehousing, delivery and transport) Other issues that are relevant to the process will also be subject for the negotiation meetings. The expected time of the negotiation meetings is set out in clause 3. The negotiation meetings will be held at the following address: Banedanmark Carsten Niebuhrs Gade 43 1577 Copenhagen V Denmark As an exception, negation meetings can be held via Teams. The tenderer is requested to inform Banedanmark about which persons will represent the tenderer at the negotiation meeting (name, position and company name). The information should be provided via the “Messaging” section in EU-Supply no later than four (4) calendar days before the meeting. Banedanmark will prepare minutes after each negotiation meeting. These minutes will not be made public. The individual minutes will only be sent to the tenderer participating in the meeting. If questions of a general nature were discussed at a negotiation meeting, the answers to such questions in anonymised form will be communicated to all tenderers via EU-Supply, see clause 2.3 of the tender specifications. The tenderer will be given the opportunity to comment on and confirm the information in the minutes. No independent, legal relevance for the submission of a final tender may be assigned to the minutes, as the final tender is to be submitted solely on the basis of the final tender documents. Based on the negotiation meetings, Banedanmark will prepare revised tender documents, which will form the basis of the tenderers’ final tenders. As part of the revision, Banedanmark, in full compliance with the principles of equal treatment and transparency, may change the contents of, withdraw or add new “general requirements” or “evaluation requirements”. Moreover, Banedanmark may make changes or additions to the information/documents to be attached to the final tender. However, the changes/additions may not cause the characteristics of the services put out to tender to change or cause the services to no longer be within the scope of the description provided in the contract notice. Moreover, fundamental elements may not be changed, including “minimum requirements”. However, linguistic clarifications, correction of obvious errors and inexpediencies, etc. are always allowed, in full compliance with the principles of equal treatment and transparency. 5. Publication of revised tender documents: After completion of the negotiation meetings, Banedanmark will issue revised tender documents, which will form the basis of the tenderers’ final tenders. 6. Submission of final tender: The tenderers submit their final tenders, which will be evaluated by Banedanmark. 7. Contract award: Banedanmark will award the framework agreement to the tenderer which has submitted the most economically advantageous tender based on the award criterion. The economic operators participating in the tender proces will not be paid for participating in the proces. For a detailed review of the above process, see the description provided in the tender material.