C O M PE T I T I V E D I A L O G U E
T I V E DO C U M E N T
1.
PR O C E D U R E :
D E S CR I P -
Introduction
This descriptive document applies to [a contracting entity’s] call for tender of a
contract for procuring of [description of subject-matter] under the Public
Procurement Directive (Directive 2004/18) according to the contract notice
published on [date] [as subsequently amended and published on [date]] in the
Official Journal of the European Union/TED (Tenders electronic daily).
The call for tender is completed as a competitive dialogue procedure, and that
implies that only pre-qualified tenderers may submit an outline solution and perhaps
submit a final tender.
The purpose of this descriptive document is to provide the basis for the dialogue
between a contracting entity and the tenderers for the purpose of the contracting
entity obtaining the necessary information in order to provide a sufficient basis for
the submission by the tenderers of final tenders. During the procurement procedure,
the contracting entity will down-select the number of tenderers and, as a result, not
all pre-qualified tenderers will be asked by the contracting entity to submit final
tenders.
A contracting entity is responsible for a completion in compliance with the EU
public procurement rules, and that the basic principles of transparency and equal
treatment are observed during the procurement procedure.
2.
Contract documents
Apart from these specifications, the contract documents of the call for tender consist
of the following:
Annex A: [Provisional requirements specification with its answering form]
Annex B: [Provisional draft contract with its answering form]
Copenhagen
Aarhus
Kolding
Annex C:
Annex D:
Annex E:
Annex F:
[Provisional remuneration template]
[Provisional time table template]
[Provisional payment table template]
[Template for the declaration on Article 45 in the Public
Procurement Directive]
Immediately upon receipt of these contract documents, a tenderer is requested to
ensure that the received material is complete.
3.
Scope of contract
By this invitation to tender, the contracting entity intends to obtain tenders for
[general description of the project].
A provisional description of the requirements as regards the performance is set out
in the Provisional requirements specification (Annex A), and the contracting entity’s
provisional requirements for contract terms appear in the Provisional draft contract
(Annex B).
Furthermore, a template for a Provisional remuneration specification (Annex C), a
template for a Provisional time table (Annex D) and a template for a Provisional
payment table (Annex E) are attached.
4.
Contracting entity’s situations
4.1
Legal person
The contracting entity in this procedure is:
[Name]
[Address]
The contracting entity is responsible for the planning and completion of the call for
tender, and a contract, if any, will be awarded by the contracting entity.
4.2
Contact person
The contact person appointed by the contracting entity from which further
information, documentation, etc, must be obtained is:
[Contact person]
[Address]
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[Telephone]
[Email]
To the widest extent possible, all inquiries must be in writing and preferably by
email. The contact person is entitled to bind the contracting entity during the project.
In case of discrepancies between a contracting entity’s oral and written statements,
the written statements will prevail at any time.
At any time during the call for tender, a contracting entity may appoint another
contact person.
Unless a tenderer clearly states otherwise, a contracting entity will send notices
during the call for tender to the employee at the tenderer’s to whom the contracting
entity sent the invitation. A tenderer may at any time appoint another contact person.
5.
Tenderer’s situations
A tenderer must, throughout the procurement procedure, be the legal person
prequalified by the contracting entity. A tenderer may not let itself be replaced by
another legal person, and this applies to associated companies, if any, as well.
Where a prequalification comprised a consortium consisting of more than one
responsible tenderer, then these legal persons – neither less nor more – must be the
ones to submit a final tender. One jointly authorised agent must be stated, and this
agent is the one with whom the contracting entity may enter into agreements with a
binding effect on the consortium.
Where a tenderer intends to use sub-suppliers to perform the service called for, the
name(s) of this or these legal person(s) must be clearly and unambiguously stated in
the final tender. Where the prequalification comprises one or more sub-suppliers,
such sub-suppliers must be in charge of the deliveries towards the tenderer of which
the sub-suppliers are prequalified.
Within the framework of the public procurement rules, a contracting entity may in
some duly justified cases permit changes on the part of the person(s) pre-qualified.
A contracting entity is in no event obliged to permit any change, and permission to a
change, if any, must be given in writing by the contracting entity prior to the
submission of a final tender.
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6.
Confidentiality
To the widest extent possible, a contracting entity must ensure confidentiality as
regards any information contained in a tenderer’s outline solution and tender and
which is related to a tenderer’s confidential business situations, see Article 6 of the
Public Procurement Directive.
The contracting entity recognises the special duty incumbent on a contracting entity
in a competitive dialogue procedure to ensure that the contracting entity does not,
without the prior, written consent of the tenderer, reveal to any other tenderer any
solution outlined by the tenderer or any other confidential information
communicated by the tenderer to the contracting entity during the dialogue
procedure, see Article 29(3) of the Public Procurement Directive.
In the nature of things, undertaking of confidentiality is subordinated to legislation
that imposes on a contracting entity a duty to disclose information to any third party.
To the extent that a tenderer deems information to be particularly sensitive to
competition, this must be clearly stated in the outline solution and tender where such
confidential information is stated, and the contracting entity will aim at not
disclosing the information in question. General statements regarding sensitivity to
competition, etc, cannot be expected to be subject to importance.
However, a contracting entity is at any time entitled to use information to the extent
where that is for the purpose of justified safeguarding of the contracting entity’s
interests during court or claim proceedings having relations to the call for tender.
A contracting entity will ensure that, towards this contracting entity, external
advisers, if any, and other external parties who carry out projects for the contracting
entity during the tender procedure, undertake to treat any information confidentially.
In the same way, a tenderer must ensure full confidentiality as regards third parties
in respect of all kinds of information which such tenderer receives during the
procurement procedure, and which is related to situations to which no public access
is given.
A tenderer must ensure that sub-suppliers, if any, also undertake to treat information
confidentially.
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7.
Contact up until the submission of the first outline solution
7.1
Communication
Contract documents and subsequent information are accessible on the contracting
entity’s website [internet address]. Apart from the accessibility on its website, a
contracting entity will, at the same time as the publication, inform about additional
information directly to the tenderers that received the contract documents from the
contracting entity.
7.2
Questions to the call for tender
For the purpose of its first outline solution, a tenderer may ask questions in writing
to the contract documents.
Questions asked 14 days at the latest before the time for submitting an outline
solution under 9.3 herein, will be answered.
Questions asked less than 14 days before the time for submitting an outline solution
will only be answered if an answer can be provided within 6 days before the time for
submitting an outline solution. Answers to questions asked less than 6 days before
the time for submitting an outline solution may not be expected.
Questions will be answered in writing. Questions as well as answers will be put on
the contracting entity’s website in a depersonalised form and at the same time be
sent to all tenderers.
7.3
Information meeting
A contracting entity will hold an information meeting on [date] at [place], where a
supplementary presentation of the call for tender will be given including access to
ask questions.
Registration for the information meeting must be made on [date] at the latest to the
contracting entity’s contact person. For each tenderer up to [number] of persons may
attend the meeting.
Questions as well as answers and other general information from the information
meeting will be put on the contracting entity’s website in a depersonalised form and
at the same time sent to all the participants.
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8.
Supplementary verification of suitability
8.1
Final tender
Tenderers being invited to submit a final tender under 9.1. must, together with the
final tender, enclose documentation required under 8.2 – 8.5 for the purpose of
supplementary verification of suitability.
On the contrary, this documentation need not be enclosed in the outline solution.
Contracting entity will repeat the obligations under this 8. in the invitation to submit
final tender.
8.2
Personal situation
Tenderers in situations as stated in Article 45(1) and (2), (a)-(d), of the Public
Procurement Directive are excluded from participating in the call for tender.
As documentation for a tenderer’s not being excluded due to such tenderer’s
personal situation under Article 45 of the Public Procurement Directive, the
remaining tenderers must send a declaration thereof in the final tender and that by
using the form attached as Annex F.
8.3
A tenderer’s economic suitability
A final tender must contain the following supplementary documentation for a
tenderer’s ongoing economic suitability.
8.3.1
Confirmation that relevant commercial liability insurance is unchanged
and still in force. If not, proof that relevant commercial liability insurance
is in force must be forwarded.
8.3.2
Any annual report and accounts with auditors’ report received following
pre-qualification and/or declaration from the tenderer stating any material
changes incurred following the prequalification; and
8.3.3
Declaration of solvency confirmed by either tenderer’s bank or auditor.
The declaration must not be more than [4] weeks old counting from the
date of tender.
Where a tenderer, due to just cause, is not in a position to submit documentation,
such tenderer may document its economic suitability in another way, see Article
47(5) of the Public Procurement Directive.
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A tenderer is still to comply with these minimum requirements in order to be
economically suitable for performing the contract:
8.3.4
Policy limit under the commercial liability insurance must be DKK [insert]
per insurance event.
8.3.5
A tenderer must have an equity ratio of at least [insert] % according to its
most recent annual report.
8.4
A tenderer’s technical suitability
In order to document a tenderer’s ongoing technical suitability, a final tender must
contain a statement from such tenderer about material changes, if any, incurred after
prequalification regarding the documentation by which the tenderer was deemed
technically suitable.
8.5
Documentation on sub-suppliers and consortiums
If a tenderer used a sub-supplier to document its suitability, such tenderer must
enclose documentation of this sub-supplier’s ongoing economic suitability as
regards the performance of sub-supplies and a statement of this sub-supplier’s
ongoing technical suitability to perform the sub-supply. In addition, a tenderer must
enclose a declaration that its sub-suppliers remain non-excluded due to situations as
comprised by Article 45 in the Public Procurement Directive, and that declaration is
made by completing the template prepared for that purpose (Annex F).
If a tenderer wants to use a sub-supplier but has not made use of such sub-supplier’s
suitability to document its suitability at the pre-qualification, then this tenderer need
not send documentation of this sub-supplier’s ongoing suitability.
When a final tender is submitted by a prequalified consortium, each participant in
the consortium must provide documentation for its ongoing economic suitability as
regards performing the part of the supply which this participant is in charge of in
case of a contract, if any, and relevant documentation of the sub-supplier’s ongoing
technical suitability to perform the part of the supply in question. In addition, each
participant in the consortium must enclose a declaration that the participants remain
non-excluded due to situations as comprised by Article 45 in the Public Procurement
Directive, and that declaration is made by completing the template prepared for that
purpose (Annex F).
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Furthermore, the consortium must provide documentation that, as a unity, this
consortium continues to be economically suitable to perform the contract, which, in
the situation in question, may take place based on the details about just one of the
consortium participants’ economic suitability.
9.
Participation in dialogue and submission of final tender
9.1
Stages in the procurement procedure
The procedure for the award of contract comprises four stages:
9.1.1
First dialogue stage
The first stage comprises tenderers’ submissions of outline solutions. Following
dialogues with the tenderers based on the outline solutions, the contracting entity
will, by invitation, invite the tenderers to submit revised outline solutions within a
time fixed by the contracting entity. During the dialogues, the contracting entity will
provide each tenderer with information on its view on the outline solution’s
relatively strong and weak characteristics in view of the needs of the contracting
entity.
The contracting entity will evaluate the revised outline solutions by using the award
criteria stipulated in 10.1 and, based on the evaluation, it will reduce the number of
tenderers that continue to participate in the dialogue to the remaining tenderers.
9.1.2
Subsequent dialogue rounds
During the second stage, a contracting entity may repeat the procedure by inviting
the tenderers to submit a revised outline solution followed by subsequent negotiation
thereof, until the contracting entity finds it appropriate to invite the remaining
tenderers to submit a final tender. As part of the dialogue procedure, a contracting
entity is entitled to make a decision on further reduction of remaining tenderers by
using the award criterion in a letter of invitation.
9.1.3
Submission of tenders
The third stage is an invitation from the contracting entity to a tenderer to submit a
final tender that will be evaluated by the contracting entity stating the award
criterion stipulated for the procedure. A final tender will be submitted based on a
final specification of requirements as well as any other relevant document sent by
the contracting entity to the remaining tenderers by invitation stipulating an
adequate time for the submission of a final tender.
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9.1.4
Negotiations round
In the fourth stage, the contracting entity may use the procedures set out in
Article 29(6) of the Procurement Directive for the purpose of having the tenders
clarified, specified and fine-tuned, through negotiations with the tenderers, but such
negotiations must be conducted so as not to be likely to distort competition or have
any discriminatory effect.
9.2
Formal requirements
All outline solutions and final tenders must be in Danish.
Annexes, if any, stating technical specifications, brochures, etc, may, however, be in
[English and other languages, if any] if they are not available in Danish.
[All outline solutions and final tenders exclusive of annexes may not be of more
than [insert number] words/pages. Annexes [list those of relevance] may not be of
more than [insert number] words/pages. As regards other annexes and
documentation, no restrictions apply, but the contracting entity is requested to
formulate its thoughts as briefly as possible and only to enclose relevant material.]
The first outline solution, cf. 9.1.1 must include the following completed annexes:
9.2.1
Answering form re provisional requirements specification
9.2.2
Answering form re provisional draft contract
9.2.3
Provisional remuneration specification (template)
9.2.4
Provisional time table (template)
9.2.5
Provisional payment table (template)
Requirements to revised outline solutions and final tender appear in the contracting
entity’s invitation thereon.
9.3
Received outline solutions etc
For it to be submitted in time and be taken into consideration during the procedure,
the first outline solution, 9.1.1 must be received by the contracting entity in a sealed
envelope stating [identification] not later than [date and time of the day]. The outline
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solution must be sent to the contracting entity to the address stated in 4.1 or be
delivered at the address in [for instance, the reception] where the tenderer, upon
request, will receive a receipt showing the date and time of the day of the delivery.
The outline solution must be submitted in 1 original and [number] of paper copies.
The original outline solution must be signed.
Tenderers are also requested to submit the outline solution in electronic form in [IT
language] together with the paper version.
Requirements as regards revised outline solutions and final tenders appear in the
contracting entity’s invitation thereon.
9.4
Specified period for which the tender will remain open for acceptance
The specified period for which a final tender will remain open for acceptance
appears from the invitation thereon. Outline solutions are not in the nature of tenders
and, as a result, there is no specified period for which they remain open for
acceptance.
Where a tenderer is notified that the contracting entity has identified such tenderer’s
tender as the successful one, then, until the expiry of the period of which tenderers
must keep their tenders open, such contracting entity may by written demand extend
such period in up to [4] weeks.
9.5
Variants and reservations
Any discrepancy between the outline solution and the contract documents might be
authorised.
In the invitation to submit final tenders, the contracting entity will lay down the
requirements applying to variants and reservations.
9.6
Other matters
A tenderer is not entitled to have its outline solution or final tender returned from the
contracting entity, which, in return, may not use such solution or tender in other
relations than those regarding this call for tender.
A tenderer’s costs and expenses in connection with the submission of an outline
solution or final tender under this call for tender are of no concern to the contracting
entity.
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10.
Tender evaluation
10.1
Award criterion
The award criterion is, as stated in the contract notice, the most economically
advantageous tender.
The contracting entity will use these sub-criteria in proportion to each criterion’s
weighting. [Please state the chosen sub-criteria, for instance economy, quality, etc.]
10.2
Questions for clarification
A tenderer must ensure that the final tender is complete.
During the time from the receipt of final tender and until the contracting entity gives
notice of the award decision, the tenderers should not foresee that there will be any
contact with the contracting entity, but the contracting entity is entitled to negotiate
with the tenderers within the scope laid down in Article 29(6) of the Public
Procurement Directive.
Within the scope of procurement law, a contracting entity is entitled to control
information given in a tender and a tenderer must as fast as possible provide any
reasonable assistance in case of a request made by the contracting entity in this
respect.
11.
Notification of the award
11.1
Legal effect
All participants in the dialogue stage will as fast as possible and at the same time be
notified in writing about the award decision.
The contracting entity may commence discussions with the successful tenderer
within the scope of Article 29(7) of the Public Procurement Directive.
Notification of the award to the successful tenderer is not a promise that the contract
awarded will be concluded with such tenderer but only a notification that, in the
opinion of the contracting entity, the tenderer has submitted the successful tender.
There is no contract or promise until a contract, if any, has been signed by all
parties. An awarded contract may not be concluded until the expiry of the stand still
period, see section 3 in the Danish Act on law enforcement.
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A contracting entity’s notification of the award decision does not exempt
unsuccessful tenderers from the obligations under the final tender which remain
binding until the expiry of the specified period in the invitation during which the
tenders must remain open for acceptance, see 9.4.
11.2
Cancellation
Until the call for tender is closed by concluding an awarded contract, the call for
tender may be cancelled by the contracting entity if such contracting entity has
factual grounds to do so.
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